التكييف القانوني لطبيعة عمل المحكم في التحكيم التجاري الدولي : دراسة مقارنة

الملخص EN

The legal nature of the mission of the international commercial arbitrator raises multiple problems in the controversy of juristic conditioning, whether it comes to the person of the arbitrator and the nature of his mission or related to the nature of the arbitration system, which may lead to a collision of this task with the nature of the arbitration system, which requires defining the legal controls of the arbitrator, controlling its concept and clarifying The conditions that must be fulfilled therein, specifying the methods of his selection, and then stating the legal nature of his work.

If the arbitrator's ruling is binding on the parties, obtaining the authenticity of the matter required by it, then his position in the arbitration system has become comparable to that of the state judge in the judicial system, and in this study we will address the problem of the legal nature of the arbitrator's work in light of what the legal systems of arbitration and jurisprudential theories have brought.