قواعد واجراءات التحكيم

Abstract

ABSTRACT SUMMARY OF RESEARCH WORK THIS IS FOR OBTAINING AMSTAR DEGREE ( LAW) ON RULES AND PROCEDURES OF ARBITRA TION PRESENTED BY : ABDELAZIZ MOHAMMED ELHUSSEIN

This study consists of mles and procedures of arbitration in which. the important characteristics and special distinctions of arbitration are illustrated since it is considered as private adversary rather than legal one. It has been come up with the fact that arbitration is aprivate systelll f()!· litigation that is organized by law, all attempts and views that differentiate between arbitration and adjudication haven't. Yet come to genuine results to deal with, or brought arbitration out of its legal nature. I have come to the conclusion that both arbitration and adjudication perfonn the same function in content and substance , the difference between the two is , otherwise , found in the fonn and methods in which the fimction are perfonned . For ajudge , more over, it usually perfonns the fimction of disputes detennination through the judicial institution and by means of procedure before the courts and that often applicable to all disputes. Arbitrator , on the other hand, usually perfonns the same above fimction apart 11-0111 .courts , particularly specific dispute according to the special procedures that agreed to by the disputing parts. I have also come to the fact that by means of arbitration, burdens on nOl1llal judiciary's shoulder could be lessened by preventing cases acclllllulation before the cOUlis that usually both courts and parties suffer ti'om , and in pursue of which state and disputing parties time, etfort and lI10ney are wasted. As far as the study objective is concerned, getting rid of nIl the above - mentioned problems is the concept of more jllstice that all modern civilized nations are endeavoring to achievc .