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Title: منهج المشرع السوداني في تنظيم دعوى بطلان حكم التحكيم:دراسة مقارنة
Authors: شرف الدين محمد العطا حسين سليمان
Keywords: قانون التحكيم السوداني
الاتفاقيات الدولية
Issue Date: 2019
Publisher: جامعة إفريقيا العالمية
Citation: جامعة افريقيا العالمية-عمادة الدراسات العليا والبحث العلمي والنشر-كلية الشريعة والقانون -قسم القانون الخاص
Abstract: The study dealt with the nullity of the arbitral award as a comparative study, through the statement of the concept of arbitration and the arbitral award, and then the cases of nullity of the arbitral award, as well as the claim of nullity. The importance of the research is that nullity as a penalty for not following certain procedures, or by other meaning as a description of a contrary act to its legal model. Which cause in many legal systems, to present the dispute to the competent court starting for retried at first, and as a result the arbitral agreement will be elapsed. The problem of the study was appeared in the reasons that lead to the nullity of the arbitral award by knowing what were the stable judicial principles in countries with multiple legal systems? What was the demand or claim of nullity in the Sudanese Arbitration Act of 2016 through the conditions and dates of acceptance of the lawsuit? The appeal of invalidity represents the only way to cancel the arbitration provisions in accordance with national laws and international conventions. Therefore, the legislator takes great care on the one hand and the applicable bodies (arbitral tribunals and courts). Consequently, the importance of this study stems from highlighting the theoretical and practical aspects and finding some solutions to the problems. The problem lies in the fact that the Sudanese legislator in the Sudanese arbitration law of 2016 mentioned the issues that have been challenged in seven cases, some of which are vague and overlooked important issues affecting the integrity of the arbitration law. You are featured in the arbitration law for the year 2005 and therefore the practical application has caused a difference by the concerned parties in the application of the search works to highlight it, the study came out with many results, including that the challenge of invalidity represents the appropriate and optimal way to challenge the arbitration provisions instead of the appeals in the courts before the courts , All this to preserve the features of arbitration,the study recommended the need to establish workshops and seminars by the relevant parties to arbitration to discuss the ambiguous issues in the law and the latest developments from the practical application .
Appears in Collections:أطروحات الماجستير

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