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Invalidity of Arbitration Awards and Oversight by the Court of Cassation: A Comparative Study - by Dr. Ahmed Bashir Shrairi, Esq.
JOD
Get it by 5 Aug | Order in 3 Hours 4 Minutes
Arbitration is a subject that is spreading and flourishing day by day, to the point that it has now become one of the most important legal means, expanding in scope and gaining wide recognition. Most countries in the world now regulate it legally, despite their different legal systems and economic conditions.
This mechanism, known as arbitration, is as old as humanity itself. Its applications are endlessly diverse in their fields, as it is linked to relationships, their types, and their contents.
Indeed, the humble beginnings of arbitration in various fields, preceding the concept of the state and official judiciary, have evolved to the point where arbitration is now preferred over the traditional means of resorting to the courts. This is because it leads to the swift resolution of disputes and avoids the lengthy and complex litigation procedures that have become a primary characteristic of the judiciary. It also represents the will of the parties, whether in choosing the arbitration panel, the place of arbitration, or the law applicable to the dispute, among other advantages offered by the arbitration system to the parties' will, which has an effective impact on both the acceptance and enforcement of the award.
In fact, while the arbitration system serves the private interests of individuals in some aspects, it also works to achieve a very important public interest: alleviating the burden on state courts, which are crowded with cases that have become difficult to count and enumerate.
Although it is accepted that the judiciary is entrusted to the judicial authority under constitutional provisions, and the function of justice is considered public, arbitration—with the legislator's approval—works to fulfill a part of this function.
While the arbitration system is considered a private litigation path parallel to the state judiciary, and individuals are free to resort to it, arbitration has not been made immune from judicial intervention, supervision, and continuous monitoring throughout the arbitration process, across its various stages, and even after the award is issued and challenged.