Application of the arbitral award in selected Arab countries

Abstract EN

The arbitration award is the final stage of dispute between parties.

The outcome is that all parties in a dispute acquiesce to the entire arbitration process, which serves as the basis for resolving the dispute.

Therefore, it is necessary to draft the result in a document, called the arbitration award which is done by the arbitral tribunal.

This study focuses on the aspects of the arbitration award which is a practice accepted by many Arab countries.

Specifically, only the legislation of selected Arab countries was examined with regards to the arbitrational award.

The expansion of today‟s technology and communication calls for the inclusion of specialists in various fields, such as commerce, engineering, accounting, or any specialized fields into the arbitral tribunal.

This study introduces the arbitration award as determined by the arbitration procedure by presenting the judgments and decisions issued by the arbitral tribunal, thus clarifying the substantive and formal conditions therein.

The descriptive analytical method was adopted as the research method.

The arbitration award resulting from the arbitration procedures was analyzed so as to show the judicial work which had been used to resolve disputes, and to distinguish itself from the judicial rulings.

The outcome of this analysis showed that the arbitration provisions confirmed their non-compliance with judicial rulings, such as not requiring causation, as noted in some laws.

The analysis also showed that most of the legislation had necessarily stipulated the resort to state courts in certain cases, their need for justice upon recognition and implementation, and the close connection between the arbitration award and the agreement.

It appears that arbitration represents the constitution on which arbitrators depend on for passing judgments-