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الدفع بوجود اتفاق التحكيم : دراسة مقارنة
Author name:
انوار محمد هادي
Supervisor name:
منقذ عبد الرضا علي الفزدان
General topic:
Law
Specific topic:
Civil Procedure Law
Degree:
Master
University:
University Of Basrah - College Of Law And Politics - Department Of Private Law
Language:
Arabic
University location:
Basrah
First pages:
13T1667 - p.pdf
Abstract:
Arbitration is a specific system of litigation under which two or more parties agree to settle their civil, commercial and executive disputes outside of court. Such an agreement has two main aspects; positive and negative. In the first, parties agree to settle their disputes by using arbitration, while in the second; the agreed parties shall not resort to ordinary courts for dispute settlement. Consequently, all conflicting parties and court shall adhere to such an agreement. For example, if either party violates this agreement and resorts to legal proceedings, the court shall reject his claim after having ascertained of a correct arbitration resolution attaining all requirements; yet the court does not refrain from looking the case freely. The beneficial party shall adhere to this arbitration agreement through defence called defence by arbitration agreement, as a technical method of taking effect the obligatory positive aspect agreed upon by laws, which recognize the system of arbitration, but it did not determine a precise concept of this kind of defence; however, this is not considered a deficiency in legalization because minutes and definitions are not set forth therein in the content of the law. It is a deficiency on the party of jurisprudence, which has not determined a certain concept of this defence. It is thought that it is attributable to the difference over the nature of this defence, which is not only limited to the jurisprudence, law but also to and jurisdiction. Laws in comparison differentiate about the nature of traditional defences provided in procedural laws and considering it a certain defence. Defence with arbitration resolution is considered an application of estoppels, which means in jurisprudence prevention of contradictions in acts and sayings. So, either party violating an arbitration agreement, shall be forbidden to take any measure that does
