نشأة التحكيم و تطوره التاريخي

Abstract EN

The resort to individual or collective revenge was prevalent before Islam, but the arbitration system was known to Arabs and non-Arabs, as this is considered a high stage that human groups have reached.

The arbitration was not binding on the arbitrator, and if he wanted, he accepted that he would perform this task and if he refused, and no one has the right to force him to this task, and the two parties had to agree to appear before the arbitrator, and neither of them has the right to force the other to litigate and appear before the arbitrator.

Both opponents agreed with him and each of them attended by his choice to the arbitrator.

Arbitration is considered the highest stage of development that the innate groups have reached, and the idea of arbitration has settled in the minds of people and they have resorted to it, until it has become an original habit in them.

However, recourse to arbitration was optional, and the implementation of the judgment issued is left to the disputants.