Arbitration usually passes through the first three stages lies in the agreement of the parties to resolve their disputes through arbitration, and the second phase is the arbitral proceedings , and then Gkm Arbitration issued a watershed in the subject matter of the dispute as a third stage . As the arbitration ruling in itself is going through is the other stages of the three , is the first phase by issuing government Terminator of the dispute by the arbitrators , but due to the lack of a specific definition of the rule of arbitration within the framework of national legislation and international conventions , the jurisprudence differed on considering both what comes out of arbitrators decisions and temporary or preliminary or partial it verdicts arbitral technical sense flour or that it is limited to the referee Terminator the dispute , also disagreed jurisprudence on the authority granted to the arbitrator when sentencing and especially with regard to the competence of arbitrators to adjudicate in their specialty (the principle of jurisdiction to jurisdiction ) as well as for the competence of the take measures temporary some Althvdah sees it from the jurisdiction of the arbitral tribunal with others see it as exclusively the competence of the judiciary . The second phase is represented censorship direct judicial governance arbitration International ( appeal invalidity ) and the national legislation of different on those controls so that expands some of them and allow the appeal on the judgment award other methods that challenged them on the judicial ruling Kalastinav and others while Ikzaretha others to challenge invalidity , which stipulates most of such legislation on grounds similar to the invalidity is due mostly to the defects that affect the arbitration agreement or to procedural flaws during the course of the arbitration process , also vary with legislation among themselves over jurisdiction into action nullity among gives it jurisdiction of the courts of the state of law applicable to the proceedings while giving others the courts of the State Headquarters. The third phase is represented censorship judicial indirect rule award (implementation of the arbitration award ), the basic principle is to be executed consensual after its release on the grounds that the arbitration system agreements based on the principle Sultan will, including that the parties had agreed on the selection of arbitrators to settle the dispute between them , it is assumed that the parties to the implementation of the judgment released optionally, is that the losing party may not wish to implementation for various reasons pushing the party sentenced for him to resort to the courts for a writ implementation and to get a true , is that the state or one of its institutions if they are party to the arbitration agreement are often pay immunity in the field of arbitration , whether judicial immunity or immunity against execution . The finally there is an important issue in the field of international commercial arbitration is the extent the possibility of implementing the provisions of the arbitration ballots issued abroad , where this principle is still a bone of contention between the jurisprudence , the judiciary, especially in France and the United States , where he sees the judiciary in those countries the possibility of implementing those judgments in spite of the heroes in the host country , by contrast, there is a large part of Islamic opposition to that issue.
Posted on: Sun, 08 Sep 2013 08:45:01 +0000
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