حالات دعوى بطلان حكم التحكيم في القانون اليمني

Abstract

Abstract In this research, we conclude that the invalidity case is the only way to deal with the defects that have affected the arbitration award. The arbitration award may not be challenge by any of the prescribed libel laws for judicial decisions. This is explicitly decided by the Yemeni legislator in act (53) of the Arbitration Law. Jurisprudence law says that the claim of invalidation of the arbitration award is not one of the methods of appeal, but is a suit of a special nature of its own, which distinguishes it from other judicial litigation, and that the Yemeni legislator cited the cases of the invalidity of the arbitration award exclusively and restricted in eight cases, Including those relating to the consensual arbitration bases, and what it is related to the Arbitration Dispute and its legal process. I concluded the research with several results and recommendations, the most important of it is the existence of ambiguity and contradiction in the provisions of the Yemeni Arbitration Law in several positions, in particular the texts related to the causes of arbitration, the texts relating to the formation of the arbitration committee and writing the arbitration agreement. حالات دعوى بطلان حكم التحكيم في القانون اليمني أ . عبد القادر أحمد عبد القادر مجلة الشريعة والقانون 237 العدد ) 31 ( جمادى الأ ول 1439 ه - فبراير 2018 م The researcher advises the Yemeni legislator to determine what (the incorrect procedures) stipulated in the period (c) of act (53) of the Arbitration Law, in order to limit the prosecuting of the invalidity cases, and to prevent the opening of the door of diligence, and this may lead to the issuance of contradictory the appropriate provisions in the invalidity cases from one class courts.