تنفيذ الأحكام الأجنبية بدون تدخل القضاء الوطني

Abstract EN

This study aims to shed light on the role of will in the implementation of foreign sentences: The reasons why the parties of the investment dispute resort to arbitration as a means of resolving the dispute are to escape the slowness of the proceedings, and that the execution of the mechanism of foreign arbitration sentences in some cases may not need interference by the national judiciary in the state of execution, which results in the idea of voluntary execution of arbitration sentences without judicial interference, which requires adherence to the principle of good well in dealing in the first place, as well as the idea of direct execution of foreign arbitration sentences in the second place, i.e.

Foreign sentence should be treated as a national sentence issued by the national courts of the state of execution, where at other times the intervention of the judiciary is not necessary, and in the event that the foreign arbitral award is accompanied by the advantage of direct enforcement within the state of implementation, and it is often regulated by an international agreement that grants direct enforcement of the arbitral award within the states party to it as if it were a national ruling from which the role of the law of will comes in disputes related to the execution of foreign sentences.