مشتملات عقد المشارطة في التحكيم : دراسة مقارنة

Abstract

This research dealt with arbitration participation, as main central point of arbitration, which represents the best way for conflict solution. The researcher chose this subject for its importance in the process of arbitration and privacy that is unique in terms of its implications. The problem of this research lied in the omission of the Arbitration Law, in detailing the contributions of the participants to serve the arbitral law of the arbitral agreement and the lack of clarification of the arbitral law of the commission, how to act in the case of refusal of one of the parties to sign the arbitration party The purpose of this research was to clarify the subject of arbitration in general, the participation of arbitration and what it contains in particular and the distinction between the arbitration and the arbitration clause, and to clarify what the arbitration clause is and its legal nature. This research showed the relationship between the participants of the contracts by reading the conditions that must be met in the contents of the participants in the arbitration and trying to match them with the supplements of the contract. This research consists of five chapters. The first chapter was about the concept of arbitration, the second chapter was about types and advantages of arbitration, the third chapter about the concept of the charter party, what it includes and its legal nature of her, and the difference between them and the arbitration clause C, the fourth chapter was about the arbitration claim and how to form the body and controls the appointment of arbitrators , Chapter V was about controls and effects of arbitration and its passing agreement and the cases of invalidity of the rule of arbitration proceedings. The research achieved its scientific and practical objectives, through using all the scientific methods of study by extrapolation and comparison with Islamic law. The research reached a number of findings, the most important of which is that the Sudanese legislator does not address the effect of one of the parties to arbitration not signing, in case one of the parties to the dispute refuses to pay them. The research reached several recommendations, most notably the right of the arbitral authority by the arbitral tribunal to proceed in the arbitral proceedings, in the event that one of the parties to the arbitration refused to sign the arbitration agreement and to establish a provision in the arbitration law that required one of the parties to the arbitration to pay the full fees in case one of the parties refused to pay its share of the fees, The Commission shall make the appropriate decision regarding the fees in its final judgment.