Open AccessThe legal correlation between the role of national judicial oversight of arbitration and disputes related to administrative contracts of an international character Analytical study - comparison
Author(s) -
Zana Rauf Hama,
Rawsht Mohammed Amin
Publication year - 2020
Publication title -
govarî zankoy geşepedanî miroyî
Language(s) - English
Resource type - Journals
eISSN - 2411-7765
pISSN - 2411-7757
DOI - 10.21928/juhd.v6n2y2020.pp1-10
Subject(s) - arbitration , tribunal , business , jurisdiction , independence (probability theory) , judicial independence , openness to experience , law , law and economics , political science , economics , politics , psychology , social psychology , statistics , mathematics
In light of the openness to the world and the emergence of cross-border transactions, he made the parties of the litigation choose an alternative way to resolve the dispute due to the long period of judicial procedures, so the arbitration system, which has become a real guarantee for its confidentiality, speed and independence in the procedures required by international administrative contracts, has increased the role of those The quality of contracts in attracting foreign investment in the field of infrastructure and major national projects in both developing and developed countries. Despite all the advantages of the arbitration system, it is not without the risks that may surround it, including the abandonment of some of the specific formal guarantees that the legislator has provided to the litigants, and the parties to the parties to those risks are only guaranteed by flexible supervision by the judiciary. The independence of the arbitral tribunal and the state's prestige and jurisdiction are preserved.