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العنوان
التحكيم في الأوراق التجارية:
المؤلف
مصبح,راجح فؤاد السيد
هيئة الاعداد
باحث / راجح فؤاد السيد مصبح
مشرف / رضا السيد عبدالحميد
مشرف / خالد حمدي عبدالرحمن
مشرف / هاني صلاح سرى الدين
مشرف / حمدي محمود بارود
الموضوع
qrmak القانون التجارى.
تاريخ النشر
2016.
عدد الصفحات
356ص;
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
1/1/2016
مكان الإجازة
جامعة عين شمس - كلية الحقوق - القانون التجارى والبحرى
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 356

from 356

المستخلص

The summary
This study deals with (Arbitration in commercial paper) which is a very important subject because it stirs lawful debates. We tried to deal with them through analysis and studying the lawful texts according to The Egyptian arbitration law number (27) in 1994 and The Palestinian Law of arbitration number (3) in 2000 and many other laws which have a relation.
This study aims to clarify how agreement of the Arbitration in European commercial is available through declaring the agreement of the Arbitration in European commercial and the Mechanisms and the conditions of holding it.
I made this study deals with the Statement of how it is available to insert the condition of Arbitration in the Commercial paper with clarifying the particularity of the arbitration’s agreement in the check and its copies, and its influence according to people.
We divided this study into two parts; in the first part I dealt with the agreement of Arbitration in the Commercial paper. We also divided this part into two chapters. In the first chapter I dealt with the concept or the definition of the arbitration agreement on paper as it is the lawful immediate base to get the conflict out from the jurisdiction of courts which have the public state and turning it to the arbitration staff and the independence of the arbitration condition in the commercial paper with the mechanism of holding it. The agreement may be done before the conflict which is called the arbitration condition or after the conflict which is called a charter party arbitration or turning into a document or a model contract including an arbitration condition; that is called Arbitration assignment.
In the second chapter, I dealt with the range of how the arbitration in the commercial paper is available if this is the agreement in the main contract or it’s inserted in the commercial paper as an optional statement and the lawful effects which come as a result of it indicating the law which must be applied on the process of the arbitration in the commercial paper.
Also I dealt with the agreement of arbitration in the check crimes beginning with determining the magistrates’ criminal and its conditions, and the check crimes which the magistrate is available. Also the crimes which the magistrate can’t be done and the effects of this magistrate with clarifying the range of how the arbitration in the commercial paper is available and the effect of the arbitration condition of the check on the criminal and civil suit, showing the situation of The Supreme Constitutional Court relating to the arbitration in check.
In the second part of the study I dealt with the procedures of the arbitration in the commercial paper through two chapters. The first chapter is about starting the procedures of arbitration in the commercial paper beginning with the pre-trial procedures of arbitration in the commercial paper from forming the arbitration staff and the general conditions which must be found in the arbitrator character; he must be civil, normal, not young or reserved, non-bankrupt. After accepting him as arbitrator he must be independent and neutral, also there are other conditions particular which are left for the conflict’s parties from the gender and the nationality, the experience and the efficiency of the arbitrator.
In the second chapter, I dealt with the judge of the arbitration in the commercial paper showing the time of the issuance of government and the objective data which must be provided in the arbitrator judge. Also the conditions and the procedures of achieving the arbitration judge according to some Arab legislation and New York agreement in 1958 relating to the admission and carrying the arbitration judgements.
Finally I ended the study as the matter requires in every research with a conclusion has the most important results which the study reached to them and what we suggested from recommendations.