انعقاد اتفاق التحكيم المصرفي و آثاره

Abstract EN

The banking arbitration agreement is the legal basis on which the parties to the banking relationship rely in order to resort to arbitration, and this requires the availability of its pillars represented by mutual consent between its parties, as well as the subject that has privacy until the agreement is valid, and the reason is the motivation for resorting to arbitration, as the law requires That the agreement is concluded by a person who has the legal capacity to act in the right in dispute, and that the subject of the banking dispute is something that can be subject to arbitration, and finally writing, and these are the conditions for the validity of the banking arbitration agreement, and that the conclusion of the agreement fulfills its principles and conditions for its validity does not entail direct effects on the legal positions of its parties Rather, it has procedural consequences that prevent them from resorting to the judiciary and their necessity to resort to arbitration..