نقل الاختصاص من القضاء الوطني إلى التحكيم التجاري : دراسة مقارنة

Abstract EN

The arbitration agreement in commercial contracts has two effects, one of which is negative, and the second is positive.

The negative impact of the arbitration agreement in commercial contracts is to exclude the jurisdiction of the national courts to consider the dispute, and this is determined by national laws, including the Egyptian Arbitration Law No.

(27) of 1994, and the Pleadings Law Iraqi No.

(83) of 1969 amended, and international treaties and conventions, as well as the positive impact of the arbitration agreement in contracts, which is represented in the parties' commitment to the arbitration agreement concluded between them and its finality and non-reversal.

Thus, international agreements, national laws, and the judiciary in most countries agree to give effectiveness to the arbitration agreement and to exclude the jurisdiction of the national judiciary to consider the dispute under the arbitration agreement.

Relative jurisdiction, which the court may not rule on its own, but must be adhered to by one of the litigants, who is the defendant or the plaintiff as well, in accordance with the law.