القانون الواجب التطبيق على بطلان اتفاق التحكيم

Abstract EN

Based on the special nature of the arbitration system, which is based on the agreement of the parties to resort to it and the resulting principle of freedom of the parties in the selection of the law applicable to the arbitration agreement, making the international arbitration agreement has a special self that makes it independent of the original contract.

Is affected by its nullity, but what invalidates the arbitration agreement are those reasons which are related to special reasons according to the general rules such as lack or lack of eligibility or a defect in the satisfaction of the parties or because of the legality of the place of agreement on arbitration or cause, The agreement, as the reasons for the These matters, which pertain to the different contractual basis of arbitration, may lead to the application of a different law each time, since not all matters relating to the arbitration agreement, whether in the form of a clause or a clause, may fall under this law.