الفرق بين التحكيم الداخلي والتحكيم الخارجي في ظل التطورات الراهنة

الملخص EN

Arbitration is the delegation of qualified persons to resolve a dispute away from the judiciary, based on an arbitration agreement between the disputing parties, which can take the form of a clause in the original contract or a subsequent agreement called an arbitration submission.

in the arbitration system, there is domestic arbitration and international arbitration, considering the nationality of the parties and the nature of the contract.

the importance of the difference between them determines the arbiter's competence to adjudicate the dispute before them and the extent to which this dispute is subject to the rules of private international law.

domestic arbitration is characterized by the simplicity of its procedures and its non-subjection to the rules of private international law, while international arbitration requires consideration of matters related to the arbitration agreement and the law applicable to the dispute in the event of a foreign party if the parties do not agree on the applicable law.