القانون الواجب التطبيق على إجراءات وموضوع التحكيم الدولي : في ضوء قانون التحكيم اليمني و المصري و الفرنسي

الملخص EN

The issue of the law applicable to the procedures and subject matter of arbitration occupies a great importance in the field of international arbitration, especially in state contracts, and as a consequence, the direct impact on the economy of the state, and the Yemeni and Egyptian arbitration law subjected the arbitration procedures to the rules agreed upon by the parties, taking into account the restriction of public order.

In the event of disagreement, there are three controls, which are the application of the law of the seat of arbitration, the application of the law that governs the subject, or the authorization of the arbitrator to determine the law applicable to the arbitration procedures, and the French International Arbitration Law of 2011 AD was liberalized to the fullest extent, as it allowed the parties to freely determine the procedural rules without reference to any national law, as it gave them the ability to choose a national law or divide its rules and exclude other rules even if they have an internal ordering nature, with the need to respect the basic principles of procedures related to international public order, and for the law applicable to the subject of arbitration, the law of will or the most relevant law applies.

The dispute, taking into account the public order - the Yemeni and Egyptian arbitration laws did not require the existence of a link, and in the event that the parties do not agree, the arbitrator applies the rules of Distribute the laws that he deems appropriate in the Egyptian arbitration law, but under the Yemeni arbitration law, the arbitrator applies the rules of conflict of laws in the Yemeni law, and to achieve the objectives of the study, its approach will be using three approaches, namely the comparative approach between the Egyptian, Yemeni and French arbitration law, as well as in the light of international agreements related to arbitration The international, the analytical approach and the descriptive approach, and organized into two sections, the first topic : the law applicable to arbitration procedures, and the second topic : the law applicable to the subject of arbitration