اتفاق التحكيم دراسة في قانون التحكيم اليمني رقم (22)‎ لسنة 1992 م : دراسة مقارنة

Abstract EN

The arbitration agreement is a delicate matter that relates to the soundness of the arbitration.

It is not part of the arbitration process, but it is the gateway for arbitration parties to initiate the arbitration process.

If the arbitration agreement is in the form of a contract, then contracts are valid if accepted verbally without been necessarily in writing.

However, Yemeni laws treat the arbitration agreement as invalid if it is not explicitly written in an “arbitration agreement”.

In addition, the arbitration agreement must be independent from the subject matter of the disputed contract.

It is also not a matter of public order.

Provisional, precautionary and urgent matters are not part of the jurisdiction of the Arbitration Tribunal because they are beyond the scope of the arbitration agreement that deals with the disputed matters arising from the original contract.

Therefore, we have chosen it as the subject of this study.

In conclusion, the study produced a set of results and recommendations provided at the end of this research.