التدخل القضائي في التحكيم والوساطة الاتفاقية

Abstract EN

The State's official judicial power is considered as one of the means used by the state to impose its sovereignty and control over its entire territory concerning the resolution of disputes, and this one does not perform this task alone, but many other mechanisms have been involved, which have shown, throughout the world, their effectiveness and efficiency in the resolution of many conflicts, among which we find, in the first place, arbitration and conventional mediation, which brings us to ask a question about the concept of these alternatives, their relation with the State’s official judicial power, and the possibility of reaching the efficiency by the judicial intervention in arbitration and conventional mediation, through the law in force n° 05.08, as well as draft law n° 17.95 relating to arbitration and conventional mediation.