AAS Arbitration Terms & Conditions
The conflicting parties turn to arbitration in the order of business matters
because it shall achieves for them the advantage of strength, flexibility
and strength is seen in that this provision be enforceable based on the judicial system of the State,
the State of the seat of arbitration or the State of execution of the judgment .
flexibility in allowing the parties to choose the procedural system that fits the
nature of the conflict and the type of activity and also allows them to choose the
applicable law on the subject of the dispute or on the powers of arbitrators whose conciliation have .
A - Terminator governance for rivalry:
Intended by virtue of the arbitration of the dispute Terminator the judgment issued by the tribunal where will expire the actions and shall expire rivalry and exhaust the arbitral tribunal mandate.
B - partial judgment:
However, the tribunal may issue partial provisions, as will governance partial is a substantive provision separates in a part of the conflict with the continuation of the arbitral tribunal to study the remaining issues before it and with the issuance the partial judgment arbitral tribunal exhaust jurisdiction in what arbitrated in which this provision is not permissible again in its final judgment or in another partial judgment .
C - Preliminary judgments
Additionally the arbitral tribunal may make preliminary judgments and an example of that the judgment before on the
subject in the defenses relating to jurisdiction and arbitration the preliminary judgment in appointment an exporter more
Scheduled in international arbitration, the parties may agree on the form of judgment
(reasoned – non reasoned - detailed - overall - written - verbal - in the form of a message to the parties
- or in a form of rule in the rich sense).
Of course, if the parties agreed to apply the rules of a particular arbitration
institution such as the Arab Society of arbitration, the form of ruling shall be in accordance with the rules of the society.
In a detailed description of the arbitrators' award it was told that " must be complete in itself focused on topics that were the
subject of the dispute , and also to be conclusive as required by the convict and
only includes the expression of personal views of the arbitrators ."
And this description accurate as disputes resort to arbitration with a view to get a
decisive verdict of the dispute mutually binding and enforceable.
Terms & arbitration Conditions
Arbitration laws in Arab arbitration Society require arbitration award conditions on the whole consistent with the
conditions required by the law and the rules of comparative international arbitration institutions and these
conditions regarding the form and the subject of governance.
The first condition: arbitration must be sentenced after deliberation involving all
arbitrators and not the others.
All the arbitration must attend the debate prior to the sentencing and the longer deliberation is
substantial and represents the principle of the basic principles of judicial work entails overlooking it
invalidity of public order and invalidate the work of arbitrators if have involved in the deliberation other
people and intended deliberation is exchange the opinion between the arbitrators in the case mutability debate
so verdict as fruit of their cooperation , both to ensure the law governing the text on the deliberation procedures
or did not include is necessary in domestic and international arbitration .
Deliberation must be secret to ensure the independence of the arbitrator as shown by opinion and not
influenced by Bray of the chosen arbitrator to preserve the secrets of the litigants in arbitration understood
and consent to be defined by the arbitrators shall not be known to the public and intended confidential deliberation
not to divulge what was discussed by the exchange of the opinion of the parties to the litigation and the arbitrator
which otherwise be subject to civil liability but that violation does not invalidate the judgment.
The confidentiality of the deliberation shall not prejudice that the law provides for the issuance law validity by majority rule providing the name of the arbitrator omission from the signing of the judgment and the reasons for his failure.
The second condition: rule must be passed by majority unless the parties agree otherwise:
This means that if the tribunal consisted of more than one arbitrator it is enough to issue a ruling majority vote where unanimity is not required unless the parties have agreed on the necessity of unanimity for sentencing
PAGE 1 | 2 | 3