Please use this identifier to cite or link to this item: http://dspace.iua.edu.sd/123456789/1961
Title: طرق تسوية منازعات عقود التجارة الدولية : التحكيم نموذجاً
Other Titles: دراسة مقارنة
Authors: خليف عبد الله محمد
Keywords: القانون التجاري
القانون الخاص
Issue Date: 2016
Citation: جامعة إفريقيا العالمية - عمادة الدراسات العليا - كلية الشريعة والقانون - قسم القانون الخاص
Abstract: This study was conducted under the title "Methods of Settling )" a comparative study between Islamic Jurisprudence and manmade laws. The study contains four chapters where the first chapter has tackled the basis of research while the second chapter has addressed contracts of international trade in terms of concept and criteria of its internationality in Islamic jurisprudence and the manmade laws. Then the study has tackled in the third chapter the concept of arbitration and the other similar methods in the jurisprudence and the law while the last chapter has touched on settling disputes of international trade contracts through arbitration. Inside the last chapter the study touched on procedures of appointing arbitration authority and implementation of its decisions in Islamic jurisprudence, the law and international agreements. it also tackled practical implementation for settling disputes of contracts of international trade in the judiciary of arbitration centers and the international organizations One of the targets of the research is contributing to solving the research problem and elaborating on the effect of arbitration in solving international trade contracts disputes and the different between it and the similar methods along with contributing in the field of scientific research. For achieving this goal the research adopt the comparative approach with assistance of books and references in the Islamic jurisprudence. the law, the international agreements , researches published on electronic websites and scientific magazines in the end the research has concluded with some outcomes top of which are: 1- The international trade contracts contain foreign element and a cross-border financial activity in solving their disputes they are subject to the law selected willingly by the contracting parties. 2- Arbitration is distinguished from the rest of the non-judiciary methods of settling disputes of international trade by ending disputes emanating from international trade contracts with decisions that have judicial argument ended through the parties waving some of their rights for reaching a compromise Researcher Recommend with Many Recommendation the following: 1- The state is to establish arbitration centers and set up restrictions for them for reducing heavy expenses. 2- Finding methods and means for simplifying models of international trade contracts so that those dealing it may understand them a matter that in turn reduces the problems that emerge upon implementation or during concluding the contracts.
URI: http://dspace.iua.edu.sd/123456789/1961
Appears in Collections:أطروحات الماجستير

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