الرقابة القضائية على إجراءات التحكيم التجاري البحري

الملخص EN

The Maritime Arbitration Agreement requires a set of formal and objective conditions.

Therefore, writing of the Maritime Arbitration Agreement is a necessary condition.

The Maritime Arbitration Agreement is intended to depart the will of the parties to adjudicate maritime litigation through arbitration.

The increase in maritime trade relations and the divergence of disputes have led to the emergence of the specificity of maritime arbitration which is subject to the will of the parties.

However, in order to be effective, arbitration must be subject to the supervision of the judiciary, which plays an important role during the arbitration proceedings and the formation of the arbitrators, the control of provisional and precautionary measures and assistance in provision of evidence and hearing witnesses, also the role of the judiciary in the invalidity of the maritime arbitration.