التحكيم و النظام العام في ضوء القانونين المصري و الإماراتي وفقا لقانون التحكيم الاتحادي الإماراتي الجديد رقم 6 لسنة 2018 : دراسة مقارنة

الملخص EN

the present research paper defines what public order is, and the impact it has on arbitration agreements, whether locally or internationally, compared to the applicable rules of Islamic Jurisprudence (Fiqh).

This paper addresses as well the public-order-related effect on arbitral awards and their enforcement; i.e., through clarifying such effect on arbitration proceedings; whether adopted by arbitration parties or by arbitral panels.

Arbitral panels must, acting upon their respective judicial experience, observe whether a would-be arbitral award can be recognized and enforced.

In so doing, arbitral panels would not enforce a procedural rule that may allow room for invalidation appeals against their awards.

Further, this paper looks into the public-order effect on putting arbitral awards into force.

Undoubtedly, enforcing arbitral awards is the objective sought from obtaining them, i.e., such obtainment serves as the underlying basis for going for arbitration.

The conclusion lists the key findings and recommendations of the paper, mainly the inevitability of striking a balance between a state’s right to keep intact its values and foundations on one hand, and the litigants’ interests when enforcing international arbitral awards, on the other, so that the argument for enforceability and applicability of public-order rules is upheld only in cases of flagrant violations of the key values of society.

The key words in this research are: arbitration, public order, Islamic jurisprudence(Fiqh), UNCITRAL law.