The Ability to Combine the Suspensive and Transitional Consequences of Protesting the Arbitrator’s Awards with a Comparative Study in Domestic and International Arbitrations

Document Type : Academicm and Research

Author

PhD of Private Law, University of Judicial Sciences and Administrative Services.

10.22091/csiw.2024.8770.2347

Abstract

The basis and main focus of arbitration is the arbitration agreement. The arbitrators acquire the authority to settle down the dispute by virtue of the contract or the arbitration clause. Articles (490) and (491) of the Civil Code are insufficient in stating the effect of protesting the arbitrator's decision (award) in the implementation or suspension of it and in stating the suspensive or transitional Consequences of the arbitrator's award. According to Article (493), the court stopping the implementation of the arbitration award can take appropriate security from the appellant of the arbitration award. With the annulment of the arbitrator's decision, the condition of referring to arbitration is not invalidated, unless the purpose of annulment be paragraph (7) of article (489) of the Civil Code. It is meant that if the arbitration agreement or condition is not revoked, the arbitrators must refer to the arbitrator to deal with and resolve the disputes between them, to the extent that there is an arbitration agreement. The point to consider here is that in the case of filing a lawsuit to annul the arbitrator's award, there is a difference of opinion between the judicial procedure and the doctrine regarding the transitional or suspensive Consequences of the arbitrator's decision. The method hired for this the article is to study the legal sources combined with the application and analysis of judicial procedure in an armchair research method in an analytical, descriptive and practical way.

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References

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