Kuwaiti Arbitration Law, Civil and Commercial Procedure Law No. 38 of 1980
Kuwaiti Arbitration Law
Civil and Commercial Procedure Law
Law No. 38 of 1980
Chapter 12
Arbitration
Article (173)
It is permissible to agree on arbitration in a specific dispute, and it is also permissible to agree to arbitrate in all disputes that arise from the implementation of a specific contract.
The arbitration is not proven except in writing.
Arbitration is not permissible in matters in which conciliation is not permissible, and arbitration is valid only by someone who has the capacity to dispose of the right in dispute.
The subject of the dispute must be determined in the agreement on arbitration or during the pleading, even if the arbitrator is authorized to reconcile. Otherwise, the arbitration is void.
The courts have no jurisdiction to hear disputes over which it has been agreed to arbitrate, and the plea of lack of jurisdiction may be relinquished, expressly or implicitly.
Arbitration does not cover urgent matters unless expressly agreed otherwise.
Article (174)
It is not permissible for the arbitrator to be a minor, under guardianship, deprived of his civil rights due to a criminal punishment, or a bankrupt who has not been rehabilitated.
If there are more arbitrators, then in all cases their number must be odd, and the arbitrator must be appointed in the agreement on arbitration or in a separate agreement.
Article (175)
If the dispute occurred and the litigants did not agree on the arbitrators, or one or more of the agreed arbitrators abstained from work, retired, dismissed, or ruled dismissing it, or there was an impediment to practicing it, and there was no agreement in this regard between the litigants, the court that was originally competent to hear the dispute was appointed Whoever among the arbitrators, upon a request by one of the litigants, is required to follow the usual procedures for filing a lawsuit, and the number of those appointed by the court must be equal or complementary to the number agreed upon between the litigants, and it is not permissible to appeal against the ruling issued in this by any of the methods of appeal.
Article (176)
It is not permissible to delegate the arbitrators to conciliate nor to judge them as reconciled arbitrators unless they are mentioned by their names in the agreement on arbitration.
Article (177)
The Ministry of Justice may form an arbitration committee or more that convenes at the headquarters of the Supreme Court or any other place appointed by the president of the commission. Its presidency is by a consultant or a judge chosen by the general assembly of the competent court and its membership is to two merchants or people with other specialties to be selected from the tables prepared in this regard according to the rules And the procedures for which a decision is issued by the Minister of Justice, and a staff member of the High Court is responsible for the secretariat of the Commission.
Disputes that the concerned parties agree in writing to submit to it shall be submitted to it - without fees - and the rules stipulated in this chapter apply to it. Nevertheless, it may issue the judgments and orders referred to in paragraphs (a.b. c) of Article (180).
Article (178)
Without prejudice to what was stipulated in the previous article or any other law, the arbitrator must accept to carry out his mission and the acceptance is confirmed in writing.
If the arbitrator withdraws - without a serious reason - from carrying out his work after accepting the arbitration, he may be adjudicated for damages.
The arbitrator may not be dismissed without the consent of all the litigants.
It is not permissible to dismiss him from the judgment except for reasons that occur or appear after the appointment of his person, and he requests the response for the same reasons for which the judge responds or because of them is considered invalid for the ruling. Or his knowledge of it if he was later informed of the appointment of the arbitrator.
In all cases, the request for recusal shall not be accepted if the arbitrators' judgment is issued or the pleading door in the case is closed, and the recusal applicant may appeal the judgment issued in his request, regardless of the value of the dispute presented to the judgment.
Article (179)
The arbitrator shall, within thirty days at most from accepting the arbitration, notify the litigants of the date and place of the first session set for hearing the dispute, without being bound by the rules prescribed in this law for the announcement and setting a date for them to present their documents, memoranda and defense. The judgment may be based on what one side submits if the other fails to do so. On schedule.
If the arbitrators are multiplied, they must jointly undertake the investigation procedures and each of them sign the minutes unless they unanimously delegate one of them for a specific procedure and confirm his delegation in the session minutes or if the arbitration agreement authorizes that for one of them.
Article (180)
The litigation shall be discontinued before the arbitrator if one of the reasons for the discontinuation of the litigation established in this law arises, and the discontinuity shall have its legally determined effects.
And if during the arbitration a preliminary matter is presented that deviates from the arbitrator’s jurisdiction, or an appeal for forgery of a paper, or criminal procedures have been taken for forgery or another criminal accident, the arbitrator shall suspend his work until a final judgment is issued in it. The arbitrator shall suspend his work to return to the head of the court originally competent to examine the dispute to do the following:
A) A ruling of the legally prescribed penalty shall be imposed on whoever among the witnesses fails to appear or fails to answer.
B) A judgment assigning a third party to produce a document in his possession necessary for a ruling in arbitration.
C) Ordering rogatory letters.
Article (181)
If the litigants in the agreement on arbitration do not stipulate a time limit for the judgment, the arbitrator must rule within six months from the date on which the parties to the dispute are notified of the arbitration session. Otherwise, whoever wishes may refer the dispute to the court or proceed with it before it if it was previously filed.
If the dates for notifying the litigants differ, the time starts from the date of the last notification, and the litigants may agree - explicitly or implicitly - to extend the specified date by agreement or law, and they have the authority of the arbitrator to extend it to a specific time.
The time limit is stopped whenever the litigation is stopped or it is interrupted before the arbitrator, and its progress is resumed from the date the arbitrator becomes aware of the disappearance of the reason for the suspension or the discontinuation, and if the remainder of the date is less than two months, it is extended to two months.
Article (182)
The arbitrator issues his judgment that is not restricted to the procedures of pleadings, except for what is stipulated in this chapter. Nevertheless, the litigants may agree on certain procedures to be followed by the arbitrator.
The judgment of the arbitrator shall be according to the rules of law, unless he is authorized to reconcile, and he shall not be bound by these rules except for those related to the public order.
The rules for expedited enforcement shall be applied to the arbitrators' decisions.
The arbitrator’s judgment must be issued in Kuwait. Otherwise, the rules established for the arbitration’s judgments issued in a foreign country will be followed.
Article (183)
The arbitration award is issued by the majority of opinions, and it must be written and it must include in particular a copy of the agreement on arbitration, a summary of the litigants ’statements and documents, the reasons for the judgment, its verdict, the date of its issuance, the place in which it was issued and the signatures of the arbitrators. If one or more of the arbitrators refused to sign the judgment, that is mentioned therein and the judgment is valid if It is signed by the majority of arbitrators.
The arbitrator shall be written in Arabic unless the litigants agree otherwise, and then an official translation must be attached to it when depositing it.
The judgment shall be considered issued from the date the arbitrators signed it after writing it.
Article (184)
The original judgment - even if it was issued through an investigation procedure, with the original agreement on arbitration - is deposited with the administration of the clerk of the court originally competent to hear the dispute within ten days following the issuance of the judgment ending the litigation.
The clerk of the court shall write a report of this deposit.
Article (185)
The arbitrator’s judgment shall not be enforceable except by an order issued by the head of the court whose clerk was deposited by the court, upon the request of one of the concerned parties, after perusal of the judgment and the arbitration agreement and after ascertaining that the impediments to its implementation and the lapse of the appeal date if the judgment is capable of it and is not covered by expedited enforcement and the issuance of an order Execution is attached to the origin of the judgment.
Article (186)
The judgment of the arbitrator may not be appealed unless, before its issuance, the litigants agreed otherwise. The appeal shall then be filed before the High Court with an appellate body and it shall be subject to the rules established for appealing the judgments issued by the courts, and its date shall start from the filing of the original judgment by managing the book in accordance with Article (184).
Nevertheless, the judgment is not subject to appeal if the judgment was authorized for reconciliation, or it was an arbitrator in the appeal, or if the value of the case does not exceed five hundred dinars, or if the judgment was issued by the authority stipulated in Article (177).
Each concerned party may request the final judgment of the arbitrator’s judgment rendered invalid in the following cases, even if it was agreed otherwise before its issuance:
A) If it was issued without an arbitration agreement or based on a void arbitration agreement, or it was forfeited by exceeding the time limit, or if the award went beyond the limits of the agreement on arbitration.
B) If one of the reasons for which an appeal for reconsideration may be requested is fulfilled.
C) If a nullity in the judgment or a nullity in the procedures has affected the judgment.
Article (187)
The nullity lawsuit shall be brought to the court originally competent to hear the dispute in the usual conditions for filing the case within thirty days of the announcement of the judgment, and this period begins in accordance with the provisions of Article (149) in cases in which one of the reasons for which the review may be reviewed is established.
The newspaper must include the reasons for the nullity, otherwise it will be null.
The filing of the lawsuit must deposit twenty dinars when presenting its newspaper as a bail, and the clerks' management does not accept the claim document if it is not accompanied by evidence of the deposit of the bail. It is sufficient to deposit one guarantee in the case of multiple plaintiffs if they file their lawsuit with one newspaper even if the reasons for nullity differ and the government is exempt from depositing this guarantee Those who are exempt from judicial fees are also exempt from depositing them
The bail shall be confiscated by the force of law when it is ruled that the lawsuit is inadmissible, that it is inadmissible to file it, that it is forfeited, or that it is invalidated.
If the court ruled the nullity of the arbitrators' judgment, it would be subject to the dispute and decide on it.
Article (188)
The nullity of the case shall not result in the suspension of the arbitrator’s judgment.
Nevertheless, the court hearing the case may order, upon the plaintiff’s request, to suspend the execution of the judgment if he fears serious harm from the execution, and the reasons for nullity are something that favors the judgment to invalidate the judgment.
The court may, when ordering the stay of execution, require the submission of a bail or order what it deems to be a guarantor of the right of the defendant.
Judicial Arbitration Law in Kuwait
Law No. 11 of 1995
Concerning judicial arbitration in civil and commercial matters
After reviewing the constitution
And Law No. 17 of 1973 in the matter of judicial fees
- And the Decree-Law No. 38 of 1980 issuing the Civil and Commercial Procedure Law and the amending laws thereof
And the Decree-Law No. 40 of 1980 issuing the law regulating expertise
The National Assembly approved the following law? And we have approved it and issued it.
Article one
An arbitration panel shall be formed at the headquarters of the Court of Appeal or more than three of the judges and two arbitrators, each of the parties to the dispute - even if they are more than one - shall choose one of them from among the arbitrators enrolled in the tables prepared for this in the arbitration administration of the Court of Appeal or from others, and in the event that none of the parties to the arbitration do so during Ten days following the assignment of the arbitration administration to him to choose a court, the aforementioned administration appoints the arbitrator who has the role in the roster of arbitrators specialized in the subject of the dispute for membership of the commission, and the presidency of the commission shall be for the most senior members of the judiciary, provided that he has the rank of advisor.
The secretariat of the Commission is performed by an employee of the Court of Appeal, and the Commission shall hold its sessions at the headquarters of the Court of Appeal or in any other location appointed by the Commission’s Chairman.
A decision is issued by the Supreme Judicial Council for appointing judges from among the judges for a period of two years from the date of its issuance.
second subject
The arbitration panel shall have jurisdiction over the following issues:
1- Settling disputes that the concerned party agrees to present, and it is also concerned with adjudicating disputes arising from contracts concluded after this law has come into effect, and includes resolving these disputes by way of arbitration, unless otherwise stipulated in the contract or in the arbitration system.
2- Settlement exclusively in disputes that arise between ministries, government agencies or public legal persons and between companies whose capital is fully owned by the state, or between these companies.
3- Decide on arbitration requests submitted by individuals or private legal persons against ministries, government agencies or public legal persons in disputes that arise between them. These parties are obligated to arbitrate unless the dispute has already been filed before the courts.
The Authority hears disputes submitted to it without fees.
Article Three
The request for arbitration shall be submitted to the arbitration administration, and that administration shall register it in the special schedule on the day of its submission.
Within the three days following the selection of the rest of the arbitrators, the application shall be presented to the president of the arbitration panel to estimate the amount that each of the parties to the arbitration must deposit under the account of the arbitrator’s fees in the absence of prior notice from the arbitrator that these fees have been settled and the arbitration administration shall assign each of the parties to the arbitration to deposit the amount. Who has to deposit in the treasury of the Arbitration Administration within the next ten days, and in the event that he does not do so at the aforementioned date, the Arbitration Department shall inform the other party within the following five days of this and he may - if he wishes to continue with the arbitration procedures - deposit the required amount within the next ten days. If this time has passed without Depositing it from any of the litigants, the Arbitration Department presented the arbitration request to the President of the Arbitration Tribunal to order its preservation and refund the sums that any of the litigants had deposited under the account of the arbitrator’s fees to him.
Article IV
The Arbitration Department shall submit the arbitration request within the following three days to deposit the amount allocated for the fees of the selected arbitrators to the president of the arbitration panel to set a session for consideration, and it must inform the two parties of that session and the full formation of the tribunal within the next five days and set a date for them to present their documents, memoranda and defense, and the announcement is made according to what is decided in Article 179 of the Civil and Commercial Procedure Law, unless the parties to the dispute agree otherwise.
Fifth Article
The arbitration panel shall decide on the preliminary issues that it was exposed to in the dispute and which fall within the jurisdiction of the civil or commercial judiciary and in the defenses pending its lack of jurisdiction, including those based on the lack of an arbitration agreement, its lapse, its nullity, or its lack of inclusion of the subject of the dispute, and these defenses must be adhered to before speaking in The subject matter must also adhere to the defense that the arbitration agreement does not include the requests made by the other party during the consideration of the dispute as soon as it is presented, otherwise the right to it shall forfeit.
The arbitration panel may, in all cases, accept the late plea if it considers that the delay in presenting it was justified.
The arbitration panel shall decide on the aforementioned defenses before deciding on the matter or join them to it for adjudication together.
It may also issue judgments and orders referred to in paragraphs or B and C of Article 180 of the Civil and Commercial Procedures Law.
The arbitration panel shall also decide on urgent matters related to the subject of the dispute, unless the parties expressly agree otherwise.
Article VI
The Court of Cassation shall have jurisdiction to decide on the request for the dismissal of any of the members of the arbitral tribunal. The request for rejection shall be submitted with a report filed with the clerk of the Court of Cassation within five days from the date of announcing the recusal requesting the formation of the arbitration panel or from the date of the occurrence of the reason for the refusal or from the date of his knowledge of it if it was later.
The submission of the recusal request does not entail the suspension of the arbitration procedures, and if a ruling is rejected, the arbitration procedures that have taken place, including the arbitration tribunal’s ruling, are considered as if they did not exist, and it is not permissible to appeal the judgment issued to refuse the refusal request by any of the appeal methods.
In the event of a ruling for the dismissal, retirement, or dismissal of any of the arbitrators for any reason, a person to replace him shall be appointed by the same procedures that were followed upon his appointment.
Article Seven
The judgment of the arbitration panel is issued without being restricted to a specific period, as an exception to the provision of Article (181) of the Civil Procedure Law.
The arbitral tribunal’s judgment is issued by the majority of opinions and pronounced in an open session announced by the parties to the arbitration. It must include in particular the summary of the agreement on arbitration, the summary of the litigants ’statements and documents, the reasons for the judgment, its pronouncement, the date of its issuance, the place in which it was issued and the signatures of the arbitrators. The draft judgment containing these must also be deposited. The reasons are signed by the arbitrators upon pronouncing it, and if one or more of the arbitrators refused to sign the judgment, he mentioned that in it, and the judgment shall be valid if it was signed by the majority of the arbitrators even if he had recused or retired from one or more of them after the case was booked for judgment and the deliberation started.
The original judgment ending the litigation with the original agreement on arbitration shall be deposited with the administration of the book of the Court of Appeal within five days following its issuance
It is not permissible to publish the arbitration award or parts thereof except with the consent of the two parties.
Article 8
The arbitration panel shall have the competence to correct what is in its judgment of purely material clerical or mathematical errors and to interpret it if ambiguity or ambiguity occurs in its pronouncement. It is also competent to decide on substantive requests that were neglected to adjudicate in them and this is done according to the rules stipulated in Articles 124, 125 and 126 of the Civil and Commercial Procedure Law, if that is not possible. These matters shall be within the jurisdiction of the court originally competent to hear the dispute.
If the judgment of cassation is appealed, the Court of Cassation shall have the exclusive authority to correct any material mistakes that may have occurred in it or to interpret it.
Article 9
The judgments issued by the arbitral tribunal shall have the power of the adjudicated order and shall be enforceable according to the procedures established in the Civil and Commercial Procedures Law, after the implementation of the verdict is drawn up with the knowledge of the Appeal Court clerk management.
Article ten
It is permissible to appeal the judgment issued by the arbitration panel for cassation in the following cases:
A) Violation of the law, error in its application or interpretation.
B) If a nullity occurred in the judgment or in the procedures that affected the judgment.
C) If the arbitral tribunal has ruled against a previously issued ruling between the same litigants, the adjudicated order shall be valid, whether from the ordinary courts or one of the arbitration panels.
D) If one of the reasons for which an appeal for reconsideration may be requested is fulfilled.
It is not permissible to appeal the judgment issued by the arbitration panel by any other method of appeal.
Article Eleven
Subject to the provision of Article 130 of the Civil and Commercial Procedure Law, the appeal is submitted to the Court of Cassation in accordance with the procedures established in the aforementioned law within thirty days from the date of the arbitration tribunal’s ruling in the cases indicated in paragraphs “A”, “B” and “C” of the previous article. The time limit in cases where one of the reasons set forth in paragraph (D) of that article is fulfilled in accordance with the provisions of Article 149 of the Civil and Commercial Procedures Law.
And the appellant must deposit one hundred dinars upon submitting the appeal as a guarantee.
The cassation appeal is registered, examined and decided according to the procedures established for appealing against cassation in the Civil and Commercial Procedures Law.
Article 12
The provisions of this law shall apply to the arbitration bodies mentioned therein, and the provisions of the Civil and Commercial Procedures Law shall apply to them as long as they do not conflict with the provisions of this law.
Article 177 of the Civil and Commercial Procedure Law shall be canceled
Article Thirteen
The Minister of Justice shall issue the necessary decisions to implement this law, provided that it includes the provisions related to organizing the arbitration administration in the Court of Appeal, organizing the registration in the lists of arbitrators, the procedures for their selection and replacement, and the determination of their fees.
Article fourteen
This law shall be published in the official gazette and shall come into force one month after the date of its publication, and the ministers - each within his jurisdiction - shall implement this law.
Emir of Kuwait
Jaber Al-Ahmad Al-Sabah
Issued at Bayan Palace on: Ramadan 20, 1415 AH
Corresponding to: 19 February 1995 AD
Explanatory note
For the judicial arbitration bill
In civil and commercial matters, Decree Law No. 38 of 1980 promulgating the Civil and Commercial Procedure Law was issued in June 1980, and in Chapter 12 of it, in Articles 173 to 188, it stipulated the provisions for voluntary arbitration, and Article 177 stipulated that the Ministry of Justice may form one or more arbitration panels to convene at the headquarters of the High Court or any other place appointed by a president The commission shall be headed by an advisor or a judge chosen by the general assembly of the competent court, and its membership is for two traders or those with other specialties, chosen from the tables prepared for this according to the rules and procedures for which a decision is issued by the Minister of Justice and that they are presented to this body - in terms of fees - disputes that the concerned parties agree In writing to present it to it, and that the rules stipulated in the aforementioned Twelfth Chapter regarding voluntary arbitration shall be applied in this regard. The Minister of Justice, in implementation of the provision of this article, issued Decision No. 82 of 1980 in 1980/8/18 regarding the selection of the two members of the aforementioned arbitration panel.
Article 177 of the aforementioned apparent aim was to encourage litigants to present their disputes to these bodies.
However, the practical application of the provision of that article revealed that litigants did not want to present their dispute to it, and perhaps the reason for that is what has kept in mind the perception of voluntary arbitration procedures in general and the judicial ones in particular about achieving the desired goal, which is the speed of adjudication of arbitration disputes, given what the procedures for selecting arbitrators initially take From time, effort, and the consequence of a request to dismiss any of the arbitrators in terms of stopping the arbitration procedures pending a final decision on this request and what leads to the retirement or resignation of any of the arbitrators after the closing of the pleading and the start of the deliberation from the suspension of the adjudication of the dispute until a new arbitrator is chosen and the pleading is repeated before him This is in addition to the litigants ’reluctance to resort to arbitration, considering that it is a one-degree judiciary due to the risk involved in the legal errors that fall into the arbitrators’ judgment not to be corrected except through the invalidity lawsuit initiated and whose reasons may not be available in all cases. Elimination of the nullity of the arbitrators ’judgment with the consequence of canceling all the arbitration procedures that have taken place and returning the two parties to the arbitration to the position they were in before the commencement of those procedures would waste what was made in taking the action. You actions of time and effort are pointless
In order to avoid these defects in the field of judicial arbitration bodies stipulated in Article 177 of the Civil and Commercial Procedure Law, the Ministry of Justice has prepared the accompanying draft law, the first article of which stipulates the formation of the arbitration bodies contained therein at the headquarters of the Court of Appeal from three judges and two arbitrators to choose each of the parties Arbitration, even if they were multiplied - one of them means the formation of these bodies in all cases from five arbitrators so that the majority in their formation is always for the judiciary, as this article permits each of the parties to the arbitration to choose a court from among the arbitrators registered in the lists prepared for this in the arbitration administration in the Court of Appeal or from others without Restricting him in this with any restriction that allows each of the parties to the arbitration to choose a court completely freely, and in the event that any of the parties to the arbitration fails to choose its arbitrator within the next ten days to be assigned to do so by the arbitration administration that administration shall appoint the arbitrator who has the role from among the arbitrators specialized in the subject of the dispute for membership of the Commission as stipulated Provided that the appointment of arbitrators from among the judges of these bodies shall be issued by a decision of the Supreme Judicial Council.
And that this is for a period of two years from the date of its issuance in a manner that guarantees the speedy formation of the aforementioned arbitration bodies and thus the speed of commencing the arbitration procedures. It also stipulated that the arbitral tribunal shall hold its sessions in the Court of Appeal, that is, in any other place appointed by the president of the Commission, and that one of the employees of the Court of Appeal shall perform the secretariat of the Commission.
The second article stipulates the competence of the arbitration bodies to adjudicate the disputes agreed upon by the parties concerned to present them, and the draft is considered in the provision of an agreement of the concerned party to submit to the Judicial Arbitration Board contracts concluded after the implementation of this law and includes a provision to resolve the disputes arising therefrom through arbitration unless stipulated in this Contracts otherwise provided in these contracts to choose one or more arbitrators to be chosen with the knowledge of the concerned person, or to choose other procedures other than the judicial arbitration procedures, which means that their revenues go to the work of the provisions of Chapter Twelve of the Procedure Law, so this must respect the will of the parties.
The regulations for arbitration such as the Arbitration System in the Stock Exchange or the Conciliation and Arbitration System in Collective Labor Disputes or other systems must be respected, as in these cases it is not assumed that the parties concerned agree to refer to judicial arbitration.
It also specializes exclusively in adjudicating disputes that arise between ministries and various government agencies or public legal persons and between companies that the state fully owns its capital or between these companies as a qualitative competence negative for the jurisdiction of the ordinary judicial authorities in it to reduce the burden on those parties and considering that these disputes are combined. The common denominator is that they are replaced by public money.
It is also actually competent in arbitration requests submitted by individuals or private legal persons against ministries, government agencies, bodies and public institutions in disputes that arise between them, unless the dispute has previously been brought before the judiciary if it was submitted to the courts at the time of the arbitration request or it was issued in the dispute. A judicial ruling, even if it was preliminary, but that does not prevent the parties concerned from agreeing to leave the litigation before the courts and resort to arbitration in accordance with the first clause of the second article.
It was felt that the action of the arbitral tribunal in all these disputes be free of charge.
The third article clarified the procedures for registering and presenting arbitration requests to the president of the arbitration tribunal and stipulating that the president of the tribunal estimate the amount that each of the parties to the arbitration must deposit to the treasury of the arbitration administration under the account of the arbitrator’s fees in the absence of prior notification from the arbitrator that these fees have been settled on time. Depositing that amount and what follows in the event that any of the parties to the arbitration fails to deposit it at the time specified for that, which is ten days, as it has permitted the other party in the arbitration - in the event that he wishes to continue the arbitration procedures - to deposit it within the next ten days to inform the arbitration administration not to deposit the amount. Referred to.
This came as a reference to the provision of Article 5 of Decree Law No. 40 of 1980 in the matter of organizing expertise, which permits the deposit of the expert’s trust from any of the parties to the litigation if he wishes to adhere to the ruling issued to delegate the expert until he wishes for the latter to initiate the office. The arbitration administration submits the arbitration request to the president of the tribunal for the matter to be preserved and refund the sums that have been deposited under the account of arbitrators ’fees from either of the parties to the dispute to him.
Article 4 stipulates that in the event that the amount allocated to the fees of the selected arbitrators is deposited, the Arbitration Department shall present the request to the Chairman of the Commission within the following three days to set a session for consideration, and that that administration announces the parties to the arbitration at that session and the entire formation of the Commission within the following five days for its determination and that the announcement includes specifying A date for them to present their documents, memoranda and defense, and to announce this in accordance with Article 179 of the Civil and Commercial Procedures Law, unless the parties agree otherwise.
In accordance with the speed of adjudication of arbitration disputes and given the predominance of the judicial component over the formation of arbitration bodies, Article 5 stipulates the competence of these bodies to decide on the primary issues that were exposed to them in the dispute and which fall within the jurisdiction of the civil or commercial judiciary, and this does not apply to penal matters, personal status or defenses. Related to its lack of jurisdiction, including the defenses based on the absence of an arbitration agreement, its nullity, its nullity, or its non-inclusion of the subject matter of the dispute and that the arbitration panel may decide on those defenses before deciding on the matter or joining them to it to decide on them together as it stipulated that the arbitration panel may issue The provisions and orders referred to in paragraphs “A”, “B” and “C” of Article 180 of the Civil and Commercial Procedure Law, which are related to the ruling for a legally prescribed penalty for witnesses who fail to attend or refrain from answering, and the ruling is to assign others to present a document in his possession necessary for the judgment in arbitration And ordering judicial rogatory commission without being obligated to stop arbitration procedures in these cases, to refer to the head of the competent court to issue any of those judgments or orders as prescribed in Article 180 The aforementioned regarding the optional arbitrator.
The arbitration panel shall also decide on issues related to the subject-matter of the dispute, unless the parties expressly agree otherwise.
In pursuance of not prolonging the procedures in arbitration disputes on the one hand, and on the speedy determination of a request for the dismissal of any of the aforementioned arbitration tribunals, while providing all necessary guarantees for this at the same time on the other hand, Article 6 stipulated the competence of the Court of Cassation to decide on this request and that the ruling was rejected The recusal request may not be challenged by any of the appeal methods and that the submission of the recusal request does not entail the suspension of the arbitration procedures. It also stipulated in return that if a response is ordered, the arbitration procedures, including the arbitral tribunal’s ruling, are considered as if they were not in a manner that would ensure that the arbitration procedures were not disrupted as a result of the request. Which of the arbitrators and the integrity of the judgments issued by the arbitral tribunal at that time, and that article also stipulated that in the event of a judgment dismissing any of the arbitrators, or his retirement or dismissal for any reason, a person to replace him shall be appointed with the same procedures that were followed upon his appointment.
To achieve the same goal, Article Seven stipulates that the arbitration award is issued without being bound by a specific period and by the majority of opinions and that it must be pronounced in an open session announced by the parties to the arbitration and that it must include the reasons on which it is based, the necessity of depositing the draft judgment containing those reasons signed by the arbitrators and that if an arbitrator rejects it One or more of the arbitrators shall sign the judgment in it, and on the basis that the judgment issued by the arbitration panel is valid if it was signed by the majority of the arbitrators even if he had stepped down or retired from one or more of them for any reason after the case was booked for the judgment and the deliberation started in his presence. The arbitration shall administer the book of the Court of Appeal within the five days following its issuance and that it is not permissible to publish the arbitral tribunal’s judgment or parts thereof except with the consent of the two parties, in appreciation of the specificity of the litigation in the arbitration dispute.
Article eleven stipulates the date for the appeal by cassation against the arbitration board’s judgment in the cases indicated in the previous article, and that this date starts from the date of the judgment, except for cases whose purpose is to verify one of the reasons in which an appeal for reconsideration may be sought, where the date begins in accordance with the provision of Article 149 of the Law Civil and commercial litigation.
Article thirteen mandates the Minister of Justice to issue the necessary decisions to implement this law, provided that it includes the provisions relating to the organization of the arbitration administration in the Court of Appeal, the regulation of registration in the lists of arbitrators, the procedures for selecting or nominating them and replacing them and estimating their fees.
This article also stipulated that the appellant must deposit an amount of one hundred dinars as bail when submitting the appeal document, and that the appeal shall be registered and considered in accordance with the procedures established for this in the Civil and Commercial Procedures Law.
Article 12 stipulates the abolition of the provision of Article (177) of the Procedure Code
It also provided for the application of the provisions of this law to the arbitration bodies stipulated therein, and the provisions of the Civil and Commercial Procedures Law also to be applied to them in a manner that does not conflict with its provisions.
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