During a workshop in the Asharqia Chamber
Al-Shammari: Arbitration begins with the formation of a committee according to the authority of the will by the litigants
Legal Counsel Faris bin Muhammad Al-Shammari emphasized the importance of "independence and impartiality" with the arbitration panel chosen by the litigants, to ensure the integrity of the arbitration process, and to achieve its positive effects in resolving disputes. This came during the workshop titled (The Right Way to Form the Arbitration Board), which comes within a series The meetings and workshops held by the Committee of Lawyers and Legal Advisors in the Asharqia Chamber, during which he reviewed many important points related to the issue of arbitration as a procedure resorted to by litigants outside the judicial system, to speed up and ease the courts.
Al-Shammari said during the workshop, which was transmitted by visual communication on Wednesday, December 24, 2020, that arbitration in the Kingdom was not late, but that our relationship with this issue began 90 years ago, specifically since 1931, when it appeared in five articles in the commercial court system, and it was present in cases Labor, and then the Chambers of Commerce system, and the matter has evolved with the development of daily life, specifically the commercial cases, in which arbitration comes as a successful and faster solution than referring cases to the courts .. Pointing out that in some cases the judiciary rules to form an arbitration panel in commercial litigation.
He added that the arbitration process begins with formation, that is, the formation of the arbitration committee that is carried out according to the authority of the will by the litigants, so they have the right to choose arbitrators or to assign this right to another specialized body that chooses this body, which consists of one person, and if it is not agreed upon Three arbitrators are appointed, and the arbitration agreement must be in writing, and if the litigants do not agree on the formation of the commission, then the court has the right to appoint the panel .. Pointing out that some systems in the world allow the opponent to appoint an arbitrator on his own behalf, and for his opponent, if it takes the prescribed time to appoint The arbitrator is 30 days, and in the Kingdom, it is 15 days. This method is feasible, but the best is the arbitration fine, meaning that if the opponent is late in appointing the arbitrator, a fine will be imposed on him.
Al-Shammari reviewed many points related to the arbitration contract, to emphasize the issue of impartiality and independence of the arbitrator, to ensure the integrity of arbitration.
It is noteworthy that the workshop's dialogues were moderated by the Vice-Chairman of the Lawyers and Legal Advisers Committee, Attorney Bandar Bin Shamal.