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Title: مسؤولية المُحَكَّم في نظام التحكيم السوداني (دراسة مقارنة )
Authors: إبتسام عبد الواحد عثمان صالح
Keywords: القانون الخاص
مسئولية المحكم
Issue Date: 2019
Citation: جامعة إفريقيا العالمية - عمادة الدراسات العليا والنشر - كلية الشريعة والقانون - قسم القانون الخاص
Abstract: This study investigates one of the most important components of the operation of arbitration; that is the arbitrator, as well as the arbitrator's mandates and the arbitrator's accountability for his mistakes in his arbitration. This study defines the arbitrator, and distinguishes his function from the other legal functions. In addition, the study explains the legal nature of his work and his relation with the conflicting parties. The study also discusses the opponents' special guarantees; namely rejecting the arbitrator, dismissing him and finalizing his mission, and displacing him by another arbitrator. These guarantees are real assurances for the opponents which they can use when necessary. The study throws light on one of the most important issues; namely the legal range of his arbitrator's immunity, his accountability for his mistakes in his arbitration, the penalties that can be inflicted on him when he commits mistakes, and the judiciary's supervision of arbitrators. The study's problem is the legal range of the arbitrator's mandates, the extent of his immunity, his accountability for the mistakes he commits in his arbitration, and the penalties applied in the case of his committing a mistake. The significance of the study is in its tackling of the accountability of the arbitrator for the mistakes he may commit when arbitrating, the Sudanese arbitration law's failure to provide for this issue. The study aims at explaining the arbitrator's capacities as regards settling the disputes in the light of the international agreements and the national legislations, besides explaining the legal extent of the arbitrator's responsibility, and explaining the penalty inflicted in the case of the arbitrator's violation of his arbitrational capacities. The study adopts the descriptive analytical method that is based on analyzing the legal texts related to the study's topic, in the light of the Sudanese arbitration law, and the criterion of the UN Committee on the International Commercial Law (Model Law) of 1985, and the Arab national legislations. The study arrived at a number of findings, the most important of which are: that opinion diverges as regards treating the arbitrator's responsibility, for some opinions are for it, while others reject it; that the Sudanese legislator has ignored the arbitrator's responsibility and also ignored legislating a law to be applied when the arbitrator violates his responsibilities or commits any mistakes that may harm any of the conflicting parties or other parties. The study recommends that the law must provide for the arbitrator's responsibility, must not leave that to jurisprudential and juristic discretions, and the importance of introducing modifications to the arbitration law to include therein a detailed article on the arbitrator's immunity that organses the relation between the arbitrator and the disputing parties, of the definitively showing the legislator's attitude towards the clause that only holds the arbitrator accountable for gross mistakes, and realses him from accounting for other mistakes.
Appears in Collections:أطروحات الماجستير

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