Arbitration as a means of resolving disputes in private law "Advantages and disadvantages"

Abstract

Abstract : The validity and effectiveness of the arbitration agreement depends first on its meeting of its basic components, which are the authorization of the arbitrators to resolve the dispute subject to arbitration and the agreement’s self-sufficiency, meaning that it includes the basic aspects on which the arbitration process is based. Therefore, the agreement must be clear in presenting the dispute to the arbitrators and exclude presenting the dispute to the courts. The arbitration agreement is a contract in itself, like any contract, for which the arbitration law has set a set of conditions in order for it to be valid between the parties. Some of these conditions are objective and obligatory for the validity of the agreement, and some are formal, invalidating the condition if it is not observed. This agreement, when it is valid by observing the conditions required for it, has a set of effects, some of which are vis-à-vis the parties, some of which are vis-à-vis the arbitrators, and some of which are vis-à-vis the state judiciary, which is obligated to respect this condition. Some of these effects are specific to the agreement itself, as it is independent of the rest of the contract’s conditions and is not affected by the invalidity of these conditions.