الفهرس 
الباب التمهيدي : مفهوم النقوديوجد فقط 14 صفحة متاحة للعرض العام
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المستخلص
At first we have to stress that anyone living in the
contemporary world can not deny the extent of what reached
international trade have reached movement of progress and
prosperity.
We can say that it is clear to us and became clearer with
the increasing of contractual relations, which belongs to the
international trade community.
In fact, progress and prosperity stems essentially from
scientific and technological progress that has strongly occurred
on the newly human.
This scientific and technological progress, which is the
emergence of modern methods, which helped a lot on the
conclusion of a contract between two people each live in a
different country or continent other and exchange of goods and
products and pay for it without seeing each other. The most
important of these methods, and the most notably at is all the
World Wide Web or the Internet.
Because of this progress that has occurred on the business
processes and contractual relations and the methods also have a
special nature. It became necessary to extend this progress and
development to the legal mechanisms which belong to or such
operations from near or far.
Hence the system of international commercial arbitration
to be judicial system competent to hear disputes that arise
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because of an occasion of execute the international trade
contracts.
In fact, the inauguration of the international arbitration
system for trade contracts disputes, particularly the international
ones by the parties due to the many advantages contained on this
system, such as speed in the termination of the proceedings and
take the decision which finish the dispute, and to maintain
secrets of disputes and its parts. And the other features
appropriate to the nature of this dispute.
And had to make so many and multiple studies on this
system, which is a novel considered and rightly as a new
arbitration for relations and international commercial contracts.
Among these studies, is the study which we are discussing
and it entitled ”Application of international arbitrator of the
habits and customs of international trade.”
This study aims to make a try to unify the rules applicable
to contractual disputes raised in front of international arbitration
through commercial customs to avoid the big defect which
imbalance by national Judicial systems.
This study contains an introduction, an introductory
chapter, and two chapters.
As for the introduction: we’ve fast progress and evolution
in the international trade and movement styles that are making
us need to interfere in the development of legal mechanisms to
which use by all parties with each other.
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Also the importance of the system of international
commercial arbitration in this regard and its role as a judicial
system novelty for such relationships, so it raised in mind a very
important question which is (Is this system is empty exoskeleton
only with no content from the inside)? This means that the
system has its law, which governs the arbitrators in the disputes
or is it something else.
Also I talk about the customs and international trade norms
and whether legally unfit to become a unified and binding
guide to arbitrators when offering them a dispute related to
international commercial contracts?
The introductory chapter: I divided it into two sections:
first
Devoted to the definition of international commercial
arbitration. The second is the definition of international
commercial arbitration.
As for the definition of international commercial
arbitration. I defined it after listing many definitions of the
scholars as ”an alternative system like the national judicial
system in terms of adjudicating disputes but optional for
parties rivalry and must be binding to them and each has an
interest of governance.”
Also I mentioned many of the opinions that have discussed
the legal nature of the arbitration system is a judicial system or
is it a contractual system or is it a different nature.
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from my personal view in this regard that this system is
judicial system approved by the state and the state arranged its
using.
As for the second part, which is the definition of habits and
customs of international trade.
I have mentioned the definition of the habits and customs
of international trade as a ”set of rules resulting from
international trade transactions, which continued to work out
and even became difficult and uncommon off them and
violating it has the prestige of legal rules binding in a society of
international trade.”
Mentioned the possibility of arbitrator to use the habits and
customs of international trade, and after research found it
difficult in the presence of the current steps, which abide the
arbitrators when they are going to look at the dispute, its
necessary international arbitrator to find a clear details in the
application of the customs and norms of international trade.
We felt is was necessary to be easy and accessible way for
arbitrators when. They in connection with any dispute
consideration for the application of customs and international
trade norms and because they are the fittest and most
appropriate in order to become a unified and binding law for
relations and international commercial contracts.
As for Part I: We exposed the relations and international
trade contracts and its private nature. (Chapter I). And the
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validity of customs and international trade norms to be unified
and binding law to international trade. (Chapter II).
As for the relations and international trade contracts
(Chapter I) has been shown to us. That is has her private self
and nature which differentiate it from the rest of the contracts
and internal business relationships and the necessary to have its
own judicial system, which contains law with special nature.
In the second chapter, which regard to the validity of
commercial customs and traditions to be uniform and binding
law to the international trade. In this chapter, we have explained
the practical importance of the commercial habits and customs
in the area of international trade. We explain also the role of
international commercial arbitration in creating such habits,
customs and we reached to the fact that these habits and customs
are valid to become a unified law to international trade after
giving more mandatory to give the force of law to such habits
and customs.
As for the second chapter: The need to a uniform law to
govern international trade relations.
I divided it into two parts first is the effects for
international trade relations and arbitration system when there is
no uniform law.
In this chapter, we discussed for many of the problems that
have emerged on the international business arena affected by the
absence of a unified law. These problems, which is in the
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manifest and obvious impact on the international arbitration
system such as the impact on the arbitrator’s impartiality and the
absence of a unified law and the credibility of the arbitration
system itself and also we can not forget the problem of
implementing the provisions of the arbitration and the clear
influence by the absence of a unified law. The idea of public
system and its relevance to the subject of implementation and
their relationship to national and international legislation.
As for the second chapter: in which we explained the need
to develop an extended international agreement to establish the
habits and customs of international trade as a uniform law.
In this chapter, we’ve provided some reasons for the
importance of an international agreement convention to the rules
applicable to international trade disputes and these reasons are
represented and aimed to facilitate the task of the arbitrator is in
the process of selecting the substantive. law which he will apply
on the dispute. And also unify the applicable rules to
international trade disputes.
Also we demanded a simple perception to be placed in to
this Agreement, by placing some important rules that should be
included in this agreement.