خصوصية إعمال القواعد ذات التطبيق الضروري من قبل المحكم الدولي

الملخص EN

Unlike the national judge, the international arbitrator does not have jurisdiction under a specific law, but the determination of this is mainly due to the will of the parties that choose arbitration as an alternative path to the judiciary in resolving the dispute.

However, this does not mean that the arbitrator is completely independent of national law, because he must observe the rules of public order in the laws related to the conflict, and among these rules are police laws or rules of necessary or immediate application.

This study aims to determine how to deal with the international arbitrator with these rules and how to reconcile the need to respect the legitimate expectations of the parties and ensure the effectiveness of the arbitral award.