التنظيم القانوني لتنفيذ القرار التحكيمي في القانون اللبناني : دراسة مقارنة "فرنسا-مصر"

الملخص EN

The importance of oversight over arbitration in general emerges by balancing two considerations.

The first is to respect the will of the parties to the dispute who preferred to resort to arbitration because of the characteristics that distinguish it from the judiciary; The second: is the national interest, public order, and public morals, and therefore it is inevitable that the judiciary has the right to control the arbitration decision.

The judiciary must be helped to make the arbitration process successful so that we can reach the required balance between the judiciary and arbitration and establish a cooperative relationship aimed at complementarity between them, while not neglecting the role of the judge in monitoring the arbitrators’ actions, despite the trust granted to them.

It required that their judgments be subject to a minimum level of supervision, to ensure respect for some basic procedural principles, as well as to preserve the rights of litigants.

the work of the arbitrator; It is the issuance of the arbitral award, but this decision has no benefit unless it is insisted on giving it the executive form by the state judge in the country of implementation of the arbitral award, otherwise it will be without effect.