منازعات التحكيم التجاري ودور القضاء فيها

Abstract EN

The effectiveness of international commercial arbitration requires the exclusion of issues related to arbitration, subject to the will of the parties to the dispute who have chosen alternative ways to resolve it from the national judiciary.

however, the arbitral tribunal’s need for judicial assistance makes this exclusion not absolute, but rather the state’s judicial oversight may interfere with the various stages of the arbitration dispute.

to intervene as a matter of urgency if requested to do so.

the judge enjoys wide powers in assisting arbitral bodies and oversight over their work, with the aim of strengthening the effectiveness of arbitration and enabling it to perform the role specified for it at the internal and international levels.

hence the importance of the study by highlighting the role of the judiciary, as it has the authority issuing orders accompanied by penalties in the event of non-compliance with their implementation, unlike the arbitrator whose powers are limited to what the parties decide for him and within the limits permitted by law it can be said that, the national and international arbitration laws were keen to establish the state’s judiciary’s control over arbitration, and its assistants in cases that could cause the arbitral process to falter and that the parties did not agree on how to confront it