تطبيق المحكم: قواعد البوليس على القابلية للتحكيم

Abstract EN

Arbitration is valid only with the validity of its arbitration agreement under which the competence of the arbitrator is assessed whether personal or material; it is governed by the law to which the parties have submitted their agreement to various rules of public order.

in same time it might run counter to the law of the country of arbitration or the country of execution of the sentence; especially if police laws directly or indirectly protect the public interest.

and in order to realize the principle of the effectiveness of arbitration, the arbitrator must know the grounds and conditions of the arbitration agreement, as well as verify that there are no obstacles to this application.