فاعلية قرار التحكيم : دراسة مقارنة

Abstract EN

What had been issued by arbitration committee immediately have the binding force decision as the judgment issued by the courts.

While the later have this binding force after the period of time .

The arbitration is one of willingly ways of the dispute resolution, and it helps to reach the right to their holders in the suitable time, this role does not concern the national disputes only ,but it exceeds to the international ones .the arbitration award has a force binding as far as issued except some cases had been mentioned by the laws, and the laws prolong the cases that the arbitration committee the authority to re -deciding the arbitration litigation in the ambiguity accrued in the award.

When the award issued in arbitration litigation does not mean the end for the arbitration problems, there are some problematic cases raised through the execution of the award, especially when it executed out of the territorial jurisdiction .the laws differ in this point, which had been tackled by the treaties.

as well as the supporters of the arbitration award encircled it with great holiness for what issued by arbitration committee and saying there is no ability to contest in arbitration award except by nullify it .commonly the reasons for nullifying are formal ones as it is seen in the French arbitration cod who adapted the appeal as a way for contest and the same way had been taken by the Iraqi draft who consider it as a principal way ,but the French legislator reconsider it after the amendment as an exception if the parties didn’t agree on this way .added for that what named in Iraqi law( other oppose)and what is named in Iraqi law the ( pre prosecution).all these reasons were behind my choosing this topice as an object to my research.