Asharqia Chamber organizes a lecture on arbitration in commercial disputes
The Asharqia Chamber, represented by the Lawyers and Legal Consultants Committee, organized a lecture on Tuesday, November 17, 2020 AD, on arbitration in commercial disputes, arbitration agreements, the pillars of their validity, and the important aspects of their drafting. The Dean of the College of Law at Prince Muhammad bin Fahd University and Professor of Commercial Law, Dr. Muhammad Husayn Bashairah, and managed by the Chairman of the Lawyers and Legal Advisors Committee at the Chamber, Khalid bin Abdul Latif Al-Saleh.
Bashayrah said that arbitration is an independent legal system that begins with an agreement on arbitration and then the arbitration procedures. It is binding on the parties to the dispute, defining the arbitration agreement as a written agreement between two or more parties, provided that they refer to arbitration all or some specific disputes that have arisen or may arise between them in the matter of a relationship. Specific statutory provisions, whether contractual or non-contractual, whether the arbitration agreement is in the form of an arbitration clause contained in a contract or in the form of an independent arbitration stipulation.
Bashaireh indicated that the pillars of the validity of the arbitration are represented first in the written formulation, which is not required to be contained in one document signed by the two parties, but the writing is also achieved by exchanging regular or electronic messages or by referring to a document or model contract that includes the arbitration agreement or the agreement proven in the minutes of the judicial session. Secondly, in determining the dispute if it is existing, and thirdly, the capacity and the place of any dispute that accepts arbitration.
Bashaireh explained, the important aspects that are required to be met in drafting the arbitration agreement, such as determining the place of arbitration in international commercial arbitration, and the interpretation of the arbitration agreement, which is usually assuming that the intention of the parties is to refer to interrelated issues to one party, and includes the legal rules applicable to the dispute, as well as a set of The agreed rules, whether they are national law or not, noting that the arbitrator may be expressly authorized to reconcile and apply the rules of justice and fairness and that in the event of disagreement by the parties, the arbitrator applies the system he deems more relevant to the subject of the dispute.
Bashaireh talked about the arbitration committee and the extent of freedom enjoyed by the parties in choosing arbitrators and determining their conditions in accordance with the peremptory rules in the system, such as the individual number so that the arbitration is not invalid, eligibility, good conduct, and the absence of barriers to hearing the case stipulated in the pleading system, also reviewing the necessary duties of the arbitrator and the procedures Arbitration and the flexibility it requires, and the case for nullity of the arbitration award.