سلطة المحكم في تحرير العقود الدولية من الخضوع للقوانين الوطنية : دراسة مقارنة

Abstract EN

Perhaps one of the reasons for the liberalization of international contracts from national laws, if not the most important ones, is the increasing role of the international commercial arbitration court, after it became clear that the wide scale of economic exchanges taking place today in the world, The lack and appropriateness of the judicial systems and the national laws to settle disputes arising from them, is a direct cause for the rush of legal thought in order to search for a specialized means based on the separation of such disputes away from the jurisdiction of the state and its law.

Thus, the latter judiciary has now become a prominent place on the international level, as the justice of a convention and even a phenomenon of great importance in the field of international economic relations, to which the parties to international trade resort freely to resolve disputes arising or arising out of the contract The desire of these traders in the international markets to liberate as much as possible the restrictions contained in the legal systems in different countries and to remove international trade from the national laws after the latter became characterized by introversion and even bias to internal considerations, Their desire to move away from the problem of the conflict of laws and the tendency of national courts usually apply the law even in disputes relating to international trade .

Therefore, the reality confirms to us that today is not without a decade of international trade contracts from the condition under which to resort to the arbitral tribunal in the event of a dispute relating to those recent contracts, and rare, which does not contain the requirement of arbitration, we find parties agree when a dispute arises to resort to spend Arbitration is a method of arbitration.

In light of this, it can be assumed that arbitration has become the usual way to deal with international commercial disputes.

This has led to the argument that the ability of the international commercial arbitration court to create and apply the rules of substantive law for international trade.

And Iheard optimal elimination of disputes that the latter, he does not prevent the creation of an international special law to solve the day as an alternative to private international law, which has become unable to take the problems raised by international trade contracts .

Accordingly, the international trade arbitrator the authority of both types of either arbitration law, or whether it is arbitration with the authorization state conciliation, can accommodate output international contracts from the scope of national laws, taking into account the content of the latter of jus cogens, and subjecting them instead more responsive to the rules which are defined rules The substantive law of international trade will also be illustrated in our later research .