الأساس القانوني للتحكيم الدولي

الملخص EN

The subject of arbitration receives great attention at all the international, regional and local levels.

The most widespread and effective way to resolve an important aspect of disputes, especially those related to international investments.

 The term international arbitration has risen in the sky of public international law to confirm and embody the consensual nature, so international arbitration has become a global judicial system, one of the two parts of the judicial means for settling international disputes by peaceful means.

 International commercial arbitration is considered the best means that can be resorted to as a judicial system that transcends national legal systems and a necessity imposed by the reality of international trade.

 International commercial arbitration has received great attention from the international community, as a result of the development of economic life, the trend towards a free economy, the intertwining of international relations between individuals and foreign and national companies, and the desire of the foreign investor not to be subject to the law and the national judiciary of the state.

To resolve the dispute, along with the national state judiciary.

 Arbitration, of course, is based on the consent of the two parties to the agreement, but it becomes mandatory after agreeing to it, so the choice is related to the freedom to agree on arbitration, or not to agree on it, and thus arbitration is distinct from the judiciary as the basis in the first is based on consent, while the basis is in The second is based on law.

 There are many international conventions that establish the rules of international commercial arbitration and organize its various provisions.