حرية المستثمر في اللجوء للتحكيم و القيود الواردة عليها

Abstract EN

Resorting to arbitration in the light of disputes that arise from the implementation of interpretation of commercial or administrative contacts of an international character, has become one of the most common modern methods that are mainly based on the authority principle of will; whether in terms of the parties resorting to this alternative way of resolving disputes procedural and substantive applied by the arbitrator or arbitral tribunal.

The latter who derives his authority from the parties agreement _ the arbitration agreement.

Although, the parties have the freedom to resort to arbitration or the so_called voluntary arbitration, however, most of the legislation has interfered and placed restrictions on this freedom in an effort to create a kind of balance for the parties legal positions and to guarantee some kind of legislation guarantees and not to violate the public order.