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Title: مشارطة التحكيم وأثرها في القرار النهائي: دراسة مقارنة
Authors: أبو القاسم عبد المكرم أبو زيد
Keywords: القانون
Issue Date: 2020
Publisher: جامعة إفريقيا العالمية
Citation: جامعـــــة أفريقيا العالميــة ـ عمادة الدراسات العليا والبحث العلمي والنشر ـكلية الشريعة والقانون
Abstract: The purpose of this study is to demonstrate the definition of arbitration engagement, its terms and legal implications, and its impact on the final award. The researcher’s position on the formulation of the arbitration engagement and its impact on the arbitration decision, the methods of challenging the arbitration award in accordance with Sudanese and Arab legislation, the arbitration decision in terms of invalidity, ideas and jurisprudence from the legislative system. The researcher has followed the comparative descriptive analytical method, as scientific analysis will achieve its feasibility and effectiveness only by comparison between the different laws and these comparisons may help us to know the shortcomings in the national law and avoid it, as well as the historical approach through which we can stand on the various aspects of previous laws and benefit from that view to the future. The researcher reached many results, the most important of which are: The arbitration stipulation is a contract binding on both sides, and there must be complete satisfaction that is free from any defect of defects of coercion and exploitation, and so on, as well as the necessary eligibility to conclude contracts. The arbitration contract is a consensual contract based on the agreement of the parties to the dispute to resort to arbitration, as well as a formality contract, according to the requirement of writing, and a contract called for that to be named in the law. And that the arbitration clause is an exploited condition, whether a clause is contained in a contract or a response in a later contract to the agreement, that is, it is not affected by the end of the contract or its nullity. The arbitration award holds the authenticity of the ruling, and it is not permissible to appeal it by ordinary means of appeal. Rather, it specifies one way to challenge it, which is a nullity lawsuit. The researcher recommended a number of recommendations, most notably: Spreading the culture of arbitration at the state level, amending Article 41 of the Sudanese Arbitration Law by adding (a violation of public order is one of the reasons for nullity) in line with Arab laws (Egyptian, Yemeni, Jordanian) due to the importance of the matter and protecting the supreme interests of the state, and stipulating compulsory arbitration and its inclusion in the law Sudanese Arbitration for the year 2016 instead of stipulating it in separate laws such as the Sudanese Labor Law of 1997.
Appears in Collections:أطروحات الماجستير

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