الرقابة القضائية على التحكيم وفقاً لقانون التحكيم اليمني رقم (22) لسنة 1992م وتعديلاته: دراسة مقارنة

Abstract

This study addressed the issue of judicial control over arbitration in Yemen, a comparative study, and aimed to clarify and study the legislative regulation of judicial control over the arbitration, and find out the shortcomings and contradictions in the texts of the Yemeni Arbitration Act, also aimed at helping the tribunal to safe and free provisions version of legal flaws, and prevent falling into the procedural deviation of these means in order to achieve justice. The study was presented to the nature of the arbitration and control it, as an alternative judicial system to resolve disputes, and that earlier in the emergence of the judiciary, and tribal arbitration Yemeni knew oversight of the arbitration system through the role of the elders in reviewing the tribal judgment during the appeal and implementation, and that the arbitration legitimacy of the Islamic system. The study also previous judicial control over the arbitration proceedings, through the statement of the role of the judiciary and intervention assistance and oversight of the arbitration agreement, and the formation of the tribunal and the statement of cases of interference in the appointment of the arbitrator, as the study reviewed different jurists about conditioning Payment arbitration, and concluded that to eliminate a helpful role in the formation of The arbitral tribunal, and to bring the parties to an arbitration agreement during the arbitration payment. The study also dealt with judicial oversight associated with the dispute arbitration, through the statement of the role of Assistant judiciary to stop the dispute arbitration and the interruption and termination, stated the arbitrator and isolated, and the issuance of temporary and conservatory orders, estimate the arbitration fees and expenses and concluded that to eliminate a helpful role in the dispute arbitration during the procedures. The study included the subsequent judicial control over the issuance of the arbitration award, through a statement of appeal to the arbitration award, and its implementation, the researcher concluded that the action of nullity is the only way to challenge the arbitration award, and it is not permissible to challenge the arbitration award unless the state of its incoming achieved for a few, and that the judicial control over the arbitration award is another form of judicial involvement and control to the arbitration award, and that the matter to implementation and development of operational formula by the competent execution court. The study also addressed the role of the judiciary in the implementation of the rule of foreign arbitration, and show that there is no objection from Yemen and Sudan to join the New York Convention for the implementation of the provisions of the arbitrators is an especially attractive way to invest. In the end the study reached number of conclusion, including: that the purpose of judicial control over arbitration either before the arbitration proceedings or during, or after the issuance of the arbitration award is not to interfere in they wanted arbitration without justification, but intended to support the jury system and the duration of the reasons for efficiency, therefore, the objective of this oversight and controls time limits must be respected. One of the most recommended by the study address the deficiencies legislative and contradiction in the Yemeni Arbitration Act, and the need to hold courses, seminars, in-depth concerning the relationship between arbitration and the judiciary, by law professors specialists and the opportunity for the participation of judges and lawyers to ask the practical problems relating to supervision elimination of arbitration, and providing ways to address them