أسيل الرشدان - Academia.edu (original) (raw)
أسيل الرشدان
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Maǧallaẗ Kulliyyaẗ Al-Šarīʿaẗ wa Al-Qanūn bi Tafahna Al-Ašrāf - Daqahliyyaẗ, Nov 1, 2020
This research highlights a legal obligation imposed by the legislator on Arbitrator, which is the... more This research highlights a legal obligation imposed by the legislator on Arbitrator, which is the obligation of disclosure. Since Arbitration is an alternative means of resolving the disputes The Arbitrator must be impartial and independent from the parties to the arbitration and the subject of arbitration , The legislator obliges him to disclose any circumstances and facts that raise doubts about his impartiality and independence upon accepting the task of arbitration. He remains committed to disclose until the final judgment of arbitration is delivered. The legislator has established an integrated system for challenging the Arbitrators if there is something that raises doubts about their impartiality and independence during the arbitration procedures. It is also allows to take proceedings for annulment if a reason raises doubts about the impartiality and independence of the Arbitrator and it appears after the final arbitration award. The parties to the arbitration have the right to claim damages suffered according to general rules of liability.
Maǧallaẗ Kulliyyaẗ Al-Šarīʿaẗ wa Al-Qanūn bi Tafahna Al-Ašrāf - Daqahliyyaẗ, Nov 1, 2020
This research highlights a legal obligation imposed by the legislator on Arbitrator, which is the... more This research highlights a legal obligation imposed by the legislator on Arbitrator, which is the obligation of disclosure. Since Arbitration is an alternative means of resolving the disputes The Arbitrator must be impartial and independent from the parties to the arbitration and the subject of arbitration , The legislator obliges him to disclose any circumstances and facts that raise doubts about his impartiality and independence upon accepting the task of arbitration. He remains committed to disclose until the final judgment of arbitration is delivered. The legislator has established an integrated system for challenging the Arbitrators if there is something that raises doubts about their impartiality and independence during the arbitration procedures. It is also allows to take proceedings for annulment if a reason raises doubts about the impartiality and independence of the Arbitrator and it appears after the final arbitration award. The parties to the arbitration have the right to claim damages suffered according to general rules of liability.