ضمانات أطراف عقد التحكيم

الملخص EN

The principle is that the settlement of disputes is within the jurisdiction of the judiciary, but the law has permitted the parties to the dispute, as an exception, to resort in settling disputes to other easy methods such as arbitration, and therefore the parties to the dispute may present their disputes to experienced persons called arbitrators, and the Iraqi legislator has organized the issues related to arbitration.

in the civil procedure law in force, and devoted a chapter in which its provisions and related issues were arranged, as arbitration is nowadays one of the most important alternative means that are used to resolve disputes away from the courts, especially international commercial disputes, as arbitration in the field of international trade has become a common way to resolve disputes that arise from it.

the idea of arbitration is based on the fact that the parties to the dispute, "the litigants," are the ones who choose the arbitrator to settle their disputes, and they usually choose the arbitrator in whom they trust and are assured of his judgment, as the arbitrator usually chooses the person who instills in himself reassurance and confidence.

the dispute has legal guarantees vis-à-vis the arbitrator, and the idea of research is based on the guarantee determined for the parties to the dispute vis à-vis the arbitrator.