أثر اتفاق التحكيم على الدفع بالحصانة القضائية

Abstract EN

The study deals with the impact of arbitration agreement on against the judicial immunity and the concept of international arbitration and its importance, the importance of recognition ,implementation of the provisions and presented the arbitration agreement and the state's eligibility to conclude this agreement and then referred to the legal immunity in terms of definition and rules governing them and then we touched on the impact of the agreement To arbitrate the right of the State to uphold its immunity either in the face of the arbitral tribunal or in the face of national jurisdiction when considering a dispute relating to the arbitration agreement.

Despite the importance of international arbitration and the frequent recourse to it for its advantages and benefits to States and bodies, it often raises many difficulties and problems with the great importance it enjoys in various fields.

Arbitration is a legal means recognized by regimes and persons to settle disputes, Private law or between persons of private law and public law, especially after the evolution of the various legal systems that recognized the eligibility of States to conclude arbitration agreements.

This general capacity of the State as a party to arbitration and its enjoyment of judicial immunity in the face of national jurisdiction requires careful handling and preferential treatment by the authorities of other States for the disruption of international relations.

Arbitration between a private party and the State was always the subject of controversy for one main reason: whether the State in arbitration would pay its own immunity even though it had become a commercial enterprise and had intervened in the field of international trade, which was one of the most important means of settling its disputes.The study concluded that the subject of the arbitration agreement's impact on the payment of judicial immunity is one of the most sensitive issues, because it relates to a sovereign issue.

It is necessary to establish a balance between two contradictory issues: arbitration and immunity.

The stability of international transactions is not correct unless the state's right to pay judicial immunity is limited Arbitration The adoption of this right by the State will result in the fear of entering the legal relations to which the State is a party, which represents a rebound in international trade relations and a restriction on international commercial investment.