مكانة مبدأ عدم الفصل بالعلم الشخصي في الخصومة التحكيمية

الملخص EN

In order to achieve the effectiveness of the justice facility, the legislator has knuckled litigation under a set of fundamental principles.

However, he still faces a number of problems such as sluggishness in procedures and difficulty in implementing its judgments.

As a result of that, alternative dispute settlement methods are adopted such as arbitration, the most prominent of them.

Like any dispute, arbitral litigation is subject to several principles, among which the principle of non-ruling based on the personal knowledge.

Despite the importance of this principle in the achievement of arbitration’s efficiency, the legislator did not provide for it.

And to protect it I submit an arrangement of effects against its breach as exercising a judicial appeal and raising the arbitrator’s liability.