الطبيعة القانو نية للتحكيم التجار

Abstract

The study aimed to illustrate the concept of arbitration by referring to its definition and types and demonstrate the legal nature of commercial arbitration by reviewing mononial theories, This theory included several doctrines that were the first nodal doctrine and that we clarified the positions of the authors of this principle and the most important criticisms to which it was subjected and the second judicial doctrine where we reviewed the ideas of this doctrine as well as among us the criticisms made against him that centred on the difference between the function of the judge and the function of the arbitrator. As well as clarifying bilateral theories, where the mixed doctrine is based on the fact that arbitration is of a mixed nature, beginning with the nodal phase and ending with the judicial phase, We then explained the most important criticisms against him, as well as the binary theories of the special doctrine, which describes arbitration as a special system based on law, Although this view is the prevailing view of the doctrine, it has been subjected to many criticisms that we have made clear beforehand.