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Title: أحكام التنفيذ الجبري لحكم التحكيم
Authors: أسعد عبد القادر السيد بخيت
Keywords: القانون الخاص
Issue Date: 2021
Publisher: جامعة إفريقيا العالمية
Citation: جامعة إفريقيا العالمية ـ عمادة الدراسات العليا والبحث العلمي ـ كلية الشريعة والقانون ـ قسم القانون الخاص
Abstract: This research dealt with the study and analysis of the provisions of the compulsory implementation of the arbitral award and the validity and enforceability of the arbitral award in national legislation and international agreements in accordance with the Sudanese Arbitration Law for the year 2016 AD in order to show the importance of the implementation of the arbitral award in the stability and stability of commercial transactions in Sudan. Which has not been adequately studied as the previous studies dealt in their entirety with the issue of implementation under previous laws, and the research aimed to show whether the Sudanese Arbitration Law is consistent with the developments witnessed in the field of international commercial arbitration and that the implementation of the foreign arbitration ruling has received attention under this law and compare that with the various national legislations, international conventions and rules of international arbitration institutions. To achieve these goals, the researcher used the comparative analytical method between Sudanese law and the various national legislations and what was stated in international conventions. The research problem was in answering the following questions: - What are the obstacles to the implementation of the arbitration award? - Is the foreign arbitration award enforceable under the Sudanese Arbitration Law of 2016? - What are the conditions and procedures necessary to implement the arbitration award? The research reached a number of results, the most important of which is that the Sudanese Arbitration Law of 2016 AD, although it was concerned with the issue of the implementation of the arbitral award and whose parties agree on the application of the Sudanese Arbitration Law, but it neglected the case in which the parties did not agree to apply the Sudanese Law. The law was also accompanied by shortcomings in the formulation of some articles referred to in the research. The results of the researcher are reflected in the directive to amend some of the shortcomings that were accompanied by the shortcomings. The research also recommends the necessity of Sudan joining the New York Convention of 1958 AD in order to develop the arbitration system with the aim of the foreign investment party.
Appears in Collections:أطروحات الماجستير

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