التحكيم التجاري و الطبيعة القانونية له

Abstract EN

Extract: The legal nature of arbitration is a matter of jurisprudential controversy, in which many theories have been said, namely, the doctrinal theory that considers this provision to be of a contractual nature based on the will of the parties to the dispute, And the judicial theory that the arbitral award is characterized by judicial nature based on the same function as the judge, and the judgment issued by this body is a judgment of the nature of the judicial judgment, And the hybrid theory that combines the two previous theories and considers that the arbitration system occupies a middle position between the contract and the judiciary, as it is a mixed system that begins with a contract and ends with the judiciary is the issuance of the arbitral award, and the nature of this system requires a common application of the rules of contract and rules of judicial rule, The independent theory that the arbitral award is characterized by a special nature, which is seen as an independent view of the contract and the judiciary, can not be determined by its legal nature.

key words: Arbitration, characteristics, legal nature