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العنوان
المركز القانوني للدولة في التحكيم التجاري الدولي /
المؤلف
الذباحي، حمدان سيف علي عيسى.
هيئة الاعداد
باحث / حمدان سيف علي عيسى الذباحي
مشرف / أحمد قسمت الجداوي
مشرف / عاطف محمد الفقي
مشرف / حسام رضا السيد عبد الحميد
تاريخ النشر
2021.
عدد الصفحات
424 ص. :
اللغة
الإنجليزية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
1/1/2021
مكان الإجازة
جامعة عين شمس - كلية الحقوق - القانون العام
الفهرس
Only 14 pages are availabe for public view

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from 424

Abstract

One of the basic characteristics of the state is legal personality, sovereignty and immunity. The state has worked to provide an appropriate legal environment to encourage trade and investment on its territory and to provide the greatest legal protection for the rights of businessmen and national and foreign investors to ensure their contribution to advancing economic development and infrastructure development in the state. And because many trade relations and investments coincide with the emergence of a dispute between the parties, whose settlement requires the intervention of a competent court, and in response to the desire of foreign investors to ensure impartiality when settling disputes, the international community has been keen on organizing friendly methods for settling disputes in international trade and investment contracts and exempting the traditional judiciary from suspicion of bias towards the state, with Activating the principle of equality between the parties in the arbitration process with all its elements, from the selection of arbitrators to the selection of the applicable law to the right of confrontation and defense before the arbitral tribunal.
And because international commercial arbitration is considered one of the most important methods of amicable settlement of disputes and a subject of interest to the legislator at the local and international levels, many questions always arise around it, which we tried to answer in our study to clarify the difference between internal arbitration and international arbitration and between foreign arbitration and international arbitration, and about the applicable law. On the arbitration process, and on the application of conflict of laws rules. If resorting to arbitration is a recognized matter in the field of private law, we have tried in our study to answer the question about the possibility of resorting to arbitration to resolve disputes related to internal and international administrative contracts.
On the other hand, we tried to answer the question about the role that international treaties and agreements play in the legal regulation of international commercial arbitration, and about their role in setting rules and regulations related to international commercial arbitration, whether in terms of procedures or applicable law. Among them are the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the European Convention on International Commercial Arbitration, and the Washington Convention for the Settlement of Investment Disputes. In this study, we also tried to answer the question about the role played by international and regional centers specialized in organizing arbitration and qualifying arbitrators, including the International Chamber of Commerce in Paris, the International Center for Settlement of Investment Disputes in Washington, the London Court of International Arbitration, and the American Arbitration Association.
At the regional level, we mention the Cairo Regional Center for International Commercial Arbitration, the Center for Commercial Arbitration for the Cooperation Council for the Arab States of the Gulf in Bahrain, the Dubai Center for International Arbitration and others.