سلطة المحكم في الفصل في عدم اختصاصه

Abstract EN

This research refers specifically to the authority of the arbitrator in adjudicating the defense of his lack of jurisdiction.

The force of law for the state courts held this jurisdiction, and the arbitrator did not dispute it in that.

However, the modern trend in legislation and arbitration systems has taken the modern path in affirming the jurisdiction to the arbitrator.

This trend is consistent with the legal nature of arbitration and the work of the arbitrator, which is very similar to the nature of the courts and the work of the judge in the country in general.

On this basis, the research is exposed in particular to the problems that resulted from this modern trend, the most important of these problems is the difference of jurisprudence about the legal basis for this jurisdiction because of the ambiguity of legal texts, and they were divided into three theories.

The research also deals with the applied aspect of this jurisdiction, and deals with the scope of the arbitrator's authority to plead his lack of jurisdiction in terms of the limits of his jurisdiction and the consequences of the defense of lack of jurisdiction.

One of the most important results of this research is that the arbitrator cannot proceed to decide on his jurisdiction on his own, but the opponent must first take the initiative to do so.

second, the arbitrator has no choice but to accept the defense or reject it as follows.