* Law No. 11 of 1995
On Judicial Arbitration in Civil and Commercial Matters :
- After reviewing the Constitution
- Law No. 17 of 1973 regarding legal fees
- Decree Law No. 38 of 1980 promulgating the Code of Civil Procedure and commercial , as amended
- Decree Law No. 40 of 1980 promulgating the law regulating the experience
- The National Assembly approved the following law .. we have ratified and issued .
Article I
Form at the appeals court jury , or more than three of the judiciary and the two arbitrators chosen by each of the parties to the conflict - even Taddoa - one from among the arbitrators enrolled tables prepared for that manages the arbitration court of appeal or of others and in the case of failure of any of the parties to the arbitration so through ten days following the administration assigned him to choose the Court of arbitration of Directors appoint the arbitrator mentioned role holder table arbitrators who specialize in the subject of the dispute to the membership of the Commission and the Presidency of the body to be the oldest member of the judiciary to be a degree of adviser .
The body 's secretariat staff of a Court of Appeal and the complexity of its body at the Court of Appeal or in any other place designated by the Chairman of the Commission .
The arbitrators shall be appointed by the decision of the judges of the Supreme Judicial Council for a period of two years from the date of issuance .
Article II
Arbitral tribunal shall have the following issues :
1 - Settling disputes that corresponded with regard to display them as competent to adjudicate disputes arising out of contracts concluded after this law include resolving such disputes through arbitration unless otherwise provided in the contract or in private arbitration system otherwise.
2 - Chapter without other disputes that exist between ministries or government agencies or public legal persons and between the companies that own the state capital in full or among these companies .
3 - Chapter requests for arbitration filed by individuals or legal persons own against ministries or government agencies or public legal persons that are in dispute between them and adhere to these parties to arbitration of the dispute were not what had already been filed in court .
And consider the body of disputes brought before it without a fee.
Article III
The request for arbitration to the administration of arbitration and the administration that his registration table on the day of your submission.
And displays the demand during the next three days to choose the rest of the arbitrators on the President of the tribunal to estimate the amount that should be on each of the parties to the arbitration filing under the account fees, a court in the absence of prior notification of the arbitrator that these fees had been settled and the management of the arbitration mandate of each of the parties to the arbitration deposit amount to be deposited by the Treasury Department of the arbitration within ten days following in the absence of doing so on the date in question shall notify the other party arbitration management during the five days following it has - willing to continue the arbitration proceedings - depositing the required amount within ten days of the following , if this passed without the promised filing of any of the opponents administration offered arbitration request for arbitration to the President of the tribunal is to save and what response may be filed by any of the opponents of the amounts under the account of the arbitrator 's fees .
Article IV
Manager displays the arbitration request for arbitration during the next three days to deposit the amount allocated to the fees of the arbitrators selected to head the tribunal to determine the session to view and in the Declaration of the parties that the hearing and the whole formation of the body during the five following days and set a date for them to provide Mstndhathma and Mzkrathma and aspects of their defense and being advertised in accordance with what is established in article 179 of the Code of civil and Commercial Procedure unless the parties to the dispute agree otherwise.
Article V
Arbitral tribunal shall decide the preliminary issues suffered in the dispute and within the jurisdiction of the civil courts or the trade in defenses outstanding no jurisdiction , including those based on the absence of an arbitration agreement or a fall or invalidity or lack of coverage of the subject of the dispute and must uphold these defenses before speaking in Thread must also adhere to the inclusion of non- payment of the arbitration agreement for his other party requests during the hearing of the dispute as soon as they were made , and only fell right in it.
The arbitral tribunal in all cases, to accept late payment if it considers that the delay in the formulation of a reservation was justified .
The arbitral tribunal shall decide in the defenses referred to by the chapter on the subject or annexed to it for adjudication together .
It may also make judgments and orders referred to in paragraphs b or c of article 180 of the Code of Civil and Commercial Procedure .
The arbitral tribunal shall decide on urgent matters relating to the subject of the dispute unless the parties agree otherwise expressly
PAGE 1 | 2 | 3 |