الطبيعة القانونية للتحكيم

Abstract EN

The paper dealt with the legal nature of arbitration.

The problem of the paper was to answer the questions related to the content of the contractual and judicial theory of arbitration.

The paper aimed to identify the legal nature of arbitration through the two contractual and judicial theories, to clarify the role of the parties ›will and legislation in arbitration, and finally to show the jurisprudence and the judiciary by the theory of judicial nature.

The importance of the paper stems from the frequent resort of the parties to the commercial dispute to arbitration to resolve their disputes and the effects that result in the case procedures and the implementation of the judgment in the event of adopting either of the two theories.

The paper followed the descriptive-analytical approach to the legal nature of arbitration as a legal problem, gathering facts and information about them, describing special circumstances, knowing the reasons, and relying on the presentation of the opinions of jurists and court rulings.

The study reached several results, the most important of which is that the theory of judicial nature is the best theory.

The paper recommended, after recommendations, including the necessity of adopting the theory of the judicial nature of arbitration and not generalizing the theory of judicial nature to all stages of arbitration.