الشروط الشكلية و الموضوعية لإجراءات الدعوى التحكيمية

Abstract EN

Arbitration has now become an urgent necessity.

given the development of the fields of trade and services, the resulting complexity of transactions and the complexity and increase in the issues involved, the study aimed to identify the concept of arbitral proceedings, aimed at shedding light on the extent of compliance with the substantive and formal conditions of the arbitration proceedings.

the researcher sought to follow the analytical descriptive approach.

the study reached several conclusions, the most important of which are: as regards the conditions of validity of the arbitration agreement, it is possible to say that the arbitration agreement should be validated on its substantive and formal terms, as this would contribute to the effectiveness of arbitration, which prefer to resort to this method of briefing their agreements with utmost care when they are edited, so that the fate of the null arbitral awards, rather than the object of the arbitration, is not to expedite the adjudication of disputes and to waste their time, from one arbitrator it is if the ruling is made up of more than one arbitrator by an individual number, the final opinion or decision should be obtained by a majority of the arbitrators.

the research recommended the necessity of verifying the validity of the arbitration agreement on its substantive and formal terms, as this would contribute to the effectiveness arbitration, to allow those parties that prefer to resort to this method to bring their agreements to the utmost attention when they are edited, so that the fate of the null awards will not be the same, rather than the arbitral objective of expediting the determination of disputes and the waste of their time.