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العنوان
الجنسية ومنازعات الاستثمار أمام هيئات التحكيم التجاري الدولي :
المؤلف
سعود، أماني عبد المقصود عبد المقصود.
هيئة الاعداد
باحث / أماني عبد المقصود عبد المقصود سعود
مشرف / عصام الدين مختار القصبي.
مناقش / عبد المنعم محمد زمزم.
مناقش / مصطفى العدوي.
تاريخ النشر
2017.
عدد الصفحات
560 ص. :
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
1/1/2017
مكان الإجازة
جامعة عين شمس - كلية الحقوق - القانون الدولي الخاص
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 549

from 549

المستخلص

This research tackles the mutual relation between arbitration and judiciary in international agreements & comparative laws in terms of the collaborative role that the national judiciary plays to complete the arbitration process till the issuance of its judgment from the side of execution or the invalidation of this judgment in both ; the national and comparative laws as well as the international agreements .
Arbitration is a type of judicial action but with a very special nature . This special nature lies in the fact that the involved parties have the will to resort to arbitration and stay away from national judiciary . This is due to the fact that arbitration has certain characteristics and privileges that lack in national judiciary including :
• The speed in which it resolves & dissociates the disputes specially all commercial issues that need a quick resolution .
• The confidentiality of the subject of conflict .
• The freedom of choice that the parties involved can enjoy in terms of choosing the judiciary and the laws to be applied on the subject of dispute and on the adversarial procedures throughout the process of considering this dispute .
Accordingly , most of the legal systems have enacted a special arbitration legislation to meet the requirements of both local and international trade . This took place recently specially that arbitration had spread and became necessary in most fields especially those related to commerce .
The role of the national judiciary in the arbitration process shows in the following :
A. When considering the arbitration dispute by assisting or observation whether before, during or after the arbitration process itself .
B. In the accreditation of the arbitration document ; an act that ensures monitoring the availability of objective and procedural guarantees required by law. These objective or procedural guarantees are related to any of the following :
• The subject at dispute ; and whether or not arbitration could be applied on it .
• The arbitration agreement ; and whether it is valid or invalid
• The referees ; and whether or not they meet the requirements set forth in the law .
• The designation of the referees by the national judiciary and defining their fees, the arbitration duration , etc..
In overcoming the difficulties that arise during the arbitration process ; since national judiciary enjoys the power of having enforcing methods derived from the general authority that enables it to :
• Command taking timely & protective measures .
• Obliging a party to submit a document in their possession that is considered necessary to comprehend the subject of dispute .
• Obtaining documents that are in the possession of others .
• Commanding bringing in a witness .
• Issuing a resolution through judicial prosecution for a hearing to a person who is abroad .
C. After closing the arbitration ; the official role of judiciary for the state shows in two ways :
• First : appealing against the judgment , and the way this appeal has been placed and its procedures .
• Second : execution of judgment, as judiciary issues the command to execute after ensuring that all conditions for execution are available .
According to all the above, this thesis has been divided into three sections :
• The introductory section includes the definition of arbitration in different law systems and international agreements and arbitration centers whilst explaining the characteristics & types of arbitration . This section also tackles the difference between arbitration and other systems of conflict resolution .
• The first section tackles the collaborative role of the national judiciary, comparative laws and the international treaties in the arbitration process ; before, during and after the arbitration procedures .
The second section tackles the observation role that applies on arbitration through the national judiciary , the comparative laws and the international agreements in terms of execution of the arbitration judgment , appealing against the arbitration judgment due to its invalidity , the conditions and consequences .