طبيعة الدفع باتفاق التحكيم أمام القضاء الفلسطيني بين التنظيم التشريعي والخصوصية: دراسة تحليلية مقارنة

Abstract EN

This study dealt with the issue of pleading with the existence of an arbitration agreement before the judiciary and the legal nature of this plea, according to the code of procedure and the Palestinian arbitration law, in comparison with some laws that stipulated this issue and specified its nature.

the agreement to present the dispute to arbitrators is a special agreement of a judicial nature from in some aspects, it relies on its binding legal force from the agreement of individuals on it as a manifestation of the authority of their will and the legislator's blessing for this agreement, in a judgment of the Ramallah court of appeal, it decided that the endowment provisions contained in article 7 of the arbitration law are subject to the same provisions contained in articles (126 and 127) of the Palestinian code of procedure.

a synonym for the court's lack of jurisdiction, the inadmissibility of the case, or the dismissal of the case.

legislation, as well as jurisprudence, which tried to put the arbitration agreement in the form of a template stipulated in the pleading’s laws, differed.

in the circle of non-acceptance and all its pretexts and support, we have favored the view that the arbitration agreement is not a defense of lack of jurisdiction, nor is it a defense of non-acceptance or the suspension of the litigation.

rather, it is a defense of a special nature of its own, independent of the procedural defenses contained in the pleading’s laws, and it has special procedural implications, and the court has only to refer the dispute.

based on the foregoing, we called for the necessity of amending the text of article seven of the Palestinian arbitration law.