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What is the international arbitration ?

 
 
Arbitration is an alternative to eliminate official, that rivalry ends by virtue of an arbitration crucial not subject to
 
appeal any faults, it is a way Qanonahagah private to resolve disputes between the contracting parties in civil
 
and commercial matters, choice of this route is not Alabaradh free sound include prior agreement in writing that
 
they are interested in resort to arbitration and an end to their disputes by this type of Alqdaofaqa its provisions,
 
it has agreed to arbitration when the parties have implicitly accepted the terms of contract exemplary
 
commitment and this Alnmozjmtdmna arbitration clause

It may be frank firmly in agreement on the arbitration initially, since the start of the contract under an agreement
 
on the arbitration clause to resolve all Almnazatalty may arise when contract execution, interpretation
 
or any dispute linked to it, the so-called (arbitration clause)

It may also be an agreement in the event of a dispute already are agreed then to end this dispute (specifically)
 
by Altgamachtsara of time and avoid the hassle and save effort, time and money through the economy in
 
expenses, etc., which then called (arbitration stipulation)

And the importance of arbitration in general, particularly in commercial transactions and international private
 
ones, is that the nature of these transactions Ttzmotstojb speed, confidence and convenience in the proceedings
 
but also secret, which requires attempts mediation and conciliation initially rapid Solall_hussm to such disputes in
 
commercial transactions as is important and fundamental to the parties in order to preserve the privacy
 
Altaamilomodh which combines the two parties and try to bring the views of mutual understanding, and because
 
the time element is very influential for Tklvhalmadah and size of capital turnover and then avoid exacerbating
 
the dispute and litigation conciliation and reducing the size of the expected loss or increase Rabhalmomul rapid
 
takeover of the dispute in its infancy

For example,

If the dispute arose from the confiscation of a letter of guarantee from a commercial operation and the value of
 
this discourse ($ 100,000) and the conflict continues in front of the five-year Alqdhaeaqrabh In the end, he spent
 
the defendant's entitlement in the response letter of guarantee, this provision does not force the losses suffered
 
by the defendant and the costs already incurred as well as the effort and the time it took the dispute, causing
 
freezing this balance and validity of the amount of interest it for so long and shake confidence and sizes for direct
 
commercial project last throughout this long-term, as well as the risk entitlement to win the lawsuit or loss and
 
nervous tension which Iesr Parties throughout the period of litigation and degrees and dropped its complaints,
 
On the other hand, the value of the letter of guarantee in Egyptian pounds may be increased several fold from
 
the time of the outbreak of the dispute until the verdict after several years

It also highlights the importance of arbitration in commercial and international disputes, that the provisions of
 
the arbitration does not accept the appeal by the Paya of the remedies prescribed judicial decisions
 
(the opposition - Appeal - veto - the petition) are enforceable provisions immediately and acquire Authentic
 
matter res judicata, and is characterized by adversarial arbitration the possibility of agreeing on substantive
 
and procedural issues core, while if the dispute before the ordinary courts of took a decision in determining
 
such issues and actions for a long time, effort and expenses of physical expensive, but there are some
 
procedures which negotiated does not accept originally in front of the ordinary courts, for example, determine
 
the jurisdiction to eliminate hasty or eliminate Thread or the administrative court or the civil courts, or appeals
 
or select sessions, times and location or language that is the litigation or the law that applies to the subject of
 
the dispute, and interference in the choice of judge who separated in the lawsuit dates, all such things which
 
never accept the intervention or control them by any of the parties to the dispute before the formal justice,
 
while all this is available right in front of the award of the judiciary, as it can be for opponents of the agreement
 
to end all their problems and _khasomathm in front of spend arbitration or limited to only part of it, could also be
 
given that choice for a specialized arbitration centers, and language selection which is arbitration by the
 
translationof all documents to it, and it contains often their documents and contracts, and are entitled to choose
 
their place of arbitration (litigation) whatever this place may be the headquarters of one of the parties Company
 
or alternating between them or the headquarters of one of the arbitration centers, club or event hall, and can to
 
postpone the hearings for several hours, as well as held at any time of the day or night as suit their parties
 
rivalry, and all these things and others are not possible and is not available to the ordinary courts, because it
 
resolved Procedures Act and in accordance with the rules of the domestic jurisdiction and the rules of attribution
 
for the private international law which are may be disputed in itself last for several years before it is considered
 
the subject of the original case (subject of the dispute), the law applicable before the court is the Egyptian law
 
and no one else, while in front of the elimination of arbitration can choose any local law or foreign governs the
 
dispute, and to clarify the importance of this choice for example, and how dangerous that of English or American
 
law estimated value of the human element if hit or death of millions of dollars, while Egyptian law is estimated to
 
compensate for with only the item thousands of pounds, if the transaction depends on the origin of human
 
elements of one of the parties in the interest of the party law application the foreign arbitration to secure
 
compensation and human elements of the conflict, while the other party in the interest of applying the provisions
 
of Egyptian law, which does not cost him too much about those elements of compensation
 
The headquarters and place of regular court may cause a major embarrassment to some investors, and the
 
suspicion of mixing the accused or criminals or the hustle and mixing is desirable, it is difficult to follow up their
 
claims with their agents of lawyers during the hearing, while all these things are offset and rise above them in
 
front of the elimination of arbitration, through the selection of the arbitration place that fits the parties to
 
arbitration in terms of potential and well-being in any place to be agreed upon, but can be rotated between my
 
hometown in dispute and then the possibility of presence in a personal capacity with their agents to explain their
 
views, which are difficult to move through others and to take immediate and urgent decisions that may not have
 
their agents taken in a timely manner, including nearly views and facilitate the process of conciliation, mediation
 
and conciliation between the parties

It is also in the elimination of arbitration parties may, but they must agree on the choice of the arbitral tribunal
 
and the number or how their appointment, as well as their response if that justification, as also choose to
 
procedures to be followed and determine any law in the world is to be applied to disputes, and are entitled to
 
specify the duration certain to adjudicate disputes shall not exceed the maximum duration of legal arbitration to
 
end the dispute, namely, (12 months) and the meetings are held at any time and at any hour and in any place
 
they wish

In all arbitration optional purely in the sense that the parties are free to resort to it or not and to identify all
 
conditions since its inception, and without imposing any specific restrictions than provided for by law before the
 
formal justice courts, except in a very narrow range of a minor only to not violate public order or the
 
fundamental issues in the procedures such as not to prejudice the right of defense and the inadmissibility of
 
arbitration may not be in the Magistrate, and the requirement that the number of arbitrators (chord) and that
 
the arbitration clause be written
 

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Farid Engineering Consulting Office for Hardware engineering and Arbitration in the areas of work , design And supervision As an expert and textured geometric of all projects

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