أحكام إتفاق التحكيم التجاري الدولي

Abstract EN

The arbitration agreement plays a fundamental role in the arbitration process, as without it the international commercial dispute cannot be removed from the jurisdiction of the public judiciary and subjected to arbitration, and the importance of the arbitration agreement appears as the first stage in which the foundations and principles that govern the arbitration process are laid, meaning that international commercial arbitration depends mainly on the will The parties to the dispute instead of relying on the judicial organization of the country in which the parties to the dispute reside, pursuant to the principle of the power of will, and then it is the will of the parties that creates the arbitration agreement and without it the arbitration system cannot be imagined.

The effects of the arbitration agreement have been discussed, as it is clear that it has two effects, firstly, negatively, which is to deny the parties to the contract from resorting to the courts in the agreed dispute, to submit it to arbitration.

As for the positive effect, it is to consult the arbitration board to resolve the dispute in the sense of permitting the resort to the arbitration board, as can be seen.

The arbitration agreement is not limited to its parties only, but can also proceed to its successor, and it may also proceed to others.

The study also clarified the reasons for expiring the arbitration agreement, as well as the effects resulting from this lapse.