كيفية اختيار المحكم و القانون الواجب التطبيق على التحكيم التجاري

Abstract EN

This study investigates the discretion of parties to a commercial transaction as to selection of an arbitrator to settle their disputes regarding an agreement or a clause thereof.

The study shows that parties to a dispute may opt resorting to arbitration upon conclusion of their original commercial agreement.

In such a case the agreement is referred to as arbitration clause, which is the condition stipulated by the contracting parties and refers whatever future dispute to an arbitrator or arbitrators to decide on such matters.

In addition, the study demonstrated that even if there was no written agreement, the contracting parties may resort to the arbitration, and mutually agree on arbitration for future disputes in writing.

This type is known as arbitration condition under which no party may resort to court unless with protestation by the other party.

Further, this study demonstrated that disputants may choose the applicable law regarding the dispute as entitled by law under which litigants may resort to arbitration and choose the applicable law.

The arbitrator, who represents the judge, with the power of settling disputes as emanated from the will of parties and the law by which he is entitled to practice judgment among the litigants, and given the authority to consider disputes, and entering judgments, shall have specific qualities including legal competency, expertise and efficacy.

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