تنازع القوانين بشأن التحكيم في مسائل العلاقات الدولية الخاصة (مدى انطباق قانون الإرادة على اتفاق التحكيم)‎ : نظرة مغايرة

Abstract EN

This Study deals with an issue that has, seldom, been discused in detail by researchers wich is the conflict of laws in the arbitration's agreement.

Arbitration agreement is an agreement with various stages and a chain procedures : the First of which is the agreement on the arbitration either was it included in the main contract, or made separately, then the agreement between parties and arbitrator/ arbitrators, after that comes the procedural aspect of arbitration, where was analysing the rule of rattachment to the voluntary law and its espace of application to the arbitration agreement as a whole, showing the question which is not included in the espace of application of mention-above rule.

In the third chapter, we offer a critical analysis of the arbitration systeme that goes beyond the methods and instruments,s Arbitration is a bi-product of the capitalist western hegemony through (mostly) western companies that seek to escape from having to abide by other 3- rd world contries,s Juridical systems through displacing The native Jurisdiction of those contries in favour of so-called the General principles of law and ideas rooted in practice of western legal systems, or principles of the law of the nature or finaly, Lex mercatoria.

The birth & practice of such a law in an western environment leads, when applied to 3-ed world contries private and public persons, to more western hegemony .

This study analyses the massive nature of the so-called neutrability of the law of arbitration being a tool that saves time, money and effort when in fact.

It has turned into a marketable commodity revaled by other such laws : as the 1981 french law, the 1985 Belgian law.

It can take a long period of time, it may cost too much money ; it leads to the ingnorarce of the law of the country in which the arbitration award was made, displacing its provisions of validity and invalidity as, a main condition, to be applied in the country where it must be executed.

As a result, some times the case can be refilled in the court of law in another / third country.

The law of Arbitration in the Arab world is nothing but an extension of its western counterparts and it does not enjoy the parties except when it practise in this way.

To arrive at the conclusions of the study, we have made use of the deductive as well as inductive methods, beside, making use of an interdisciplinary approach because stands at the intersection of such fields as law, economy, sociology, and politics.

That,s why we tried to touch upon the social, economic circumstances that effect the behaviour of those who deal with the private int,l transactions for which the law of arbitration is made.

We still feel that the external circumstances need more researchs to be conducted.

Researchers who claim that external circumstances have no effort or the practise of Arbitration law are gravely mistaken.