خصوصية الدعوى التحكيمية في قطع مرور الزمان المانع من سماع الدعوى : دراسة في أحكام القانون الإماراتي و المصري

الملخص EN

This study discusses outdatedness which prevents the hearings of the case as part of the legalizations that prevent the hearing of the claims of debtors against indebted persons after the elapse of a certain period of time.

These two legalizations were divided in two types: one of them seeks to prevent the hearing of the debtors’ rights and the others thinks that the right itself is over.

Although the two attitudes seek the stability of transactions, the severity of this system urged legislators to make exceptions to stop outdatedness.

This study in particular deals with dropping the elapse of time through arbitration claims.

It requires an answer to when the arbitration claim should be dropped due to the elapse of time? The study concluded that it is not possible to apply the same result of submitting the lawsuit panel to the court given that it is the procedure by which oudatedness of the legal claim is dropped through arbitral proceedings.

This is what we consider the specificity of arbitral proceedings in dropping outdatedness which prevents the hearing of the claim.