مؤسسة الشرق الأوسط للنشر العلمي
عادةً ما يتم الرد في غضون خمس دقائق
Abstract
The tendency to introduce the arbitration system as an alternative to recourse to the courts to resolve disputes arising between the parties to the contractual relationship may be motivated by the prompt settlement of the arbitral dispute as well as by the fact - whenever the parties to the dispute agree - to keep the dispute secret and not to publish it. Except that an important reference in the adoption of the arbitration system is the desire of successors to be judged by arbitrators with a degree of technical specialization that cannot be achieved within the jurisdiction of the State with general jurisdiction, i.e. arbitration in banking and commercial transactions, international construction contracts, international sale of goods, maritime disputes, etc. In most of them, it requires the arbitrator to have technical specializations that the State's judiciary can know only through recourse to experts - which implies prolonging the settlement of the dispute despite the importance of a rapid resolution of disputes that concern them in the short term - and achieving for its parties a realistic judicial power according to the technical conception of the dispute, subject to which the integrity of this judicial power implies, and recourse to arbitration would lead to the agreement of the parties of the successor to choose persons who have the confidence of each of them. The decision rendered on the issue of litigation is nothing more than a decision rendered within a family or a family council, which excludes hatred between the parties to the litigation and arguments in Antagonism Familiarity and love are common, despite a decision in favor of one before the other. It also responds to the desire of merchants and owners of commercial and industrial projects not to inform others of the differences between them. Recourse to arbitration is therefore the effective means of not publishing their differences at all. Both as regards the arbitration proceedings and as regards what can be issued by decisions, which most legislations have derived from the inadmissibility of publishing arbitration provisions or by publishing parties, except with the consent of both parties to the arbitration, arbitration proceedings are followed only by the parties to the arbitration and their lawyers