الإطار القانوني لسلطة المحكم المفوض بالصلح

Abstract EN

Parties of international contract may desire to resolve the dispute that may arise under this contract apart from the jurisdiction, especially in cases for which they urgently search for a resolution, as well as the search for the resolution that make the parties have an amicable relationship along with ongoing contractual relationship.

Therefore, the parties resort to empower the arbitrator to have the authority to settle disputes through conciliation, which means to settle disputes through excluding the national laws and searching for a resolution that is more equitable whether in positive laws or Principles of Justice and Fairness.

Such authority shall be established upon the parties' will.

On one hand, this authority shall have limited scope whereas arbitration shall be done in accordance with the justice and fairness principles or substantive rules.

On the other hand, despite the importance of such authority, which is represented in the possibility of arbitrator's exclusion of national laws, it is not absolute power; however, it is bound by several restrictions including respect for the international public order, jus cogens (with necessary application or police rules), litigations foundations to ensure the procedural justice, and the parties' will that is considered as the legal basis for the arbitrator to exercise his job.

These are the main areas to be examined.

We addressed this topic through two points of views, the first viewpoint contains the basis and scope of the arbitrator's authority to settle disputes, and the other one includes the restrictions that would be imposed on the arbitrator who is authorized to settle disputes.