Discussion Committee:
Dr.Ghassan Khaled (supervisor)
Dr. Ameen Dawass (External examiner)
Dr. Amjad Hassan (Internal examiner)
Authors:
Laith Abd- Allah “Mohammad Sa’eed” Zaid Al-Kilani
Abstract:
This study discusses the authentic of local arbitrators' decisions at the Palestinian Arbitration Act No(3/2000). It is a comparative study with the Egyptian Arbitration Act No.(27/1994), and Jordanian Arbitration Act No.(31/2001), and the Judicial Judgments Magazine.
The researcher preferred; before discussing the issue of the authentic of local arbitrators’ decisions, to discuss the legal nature of the local arbitrators’ decisions, as it’s of great significance in this study, considering the impact of the legal nature of the local arbitrators’ decisions, because there are very important results depending on it from the legal point of view, particularly; on discussing its extent of authentic of the discussed issue.
The researcher, dealt in the study with the legal nature of the local arbitrators’ decisions, and the extent of proven authentic of these decisions, through studying the multiple views of jurisprudence for this nature, where the first side of jurisprudence gave the legal nature to the local arbitrators’ decisions, the second side gave the contractual nature for the local arbitrators’ decisions, and the third side gave them the mixed nature.
As a result of the proven authentic of the local arbitrators’ decisions as an impact of the legal nature of the decision, the researcher discussed the nature of authentic which these decisions enjoy, and the terms of holding on this authentic.
After defining the meaning of the authentic and the terms of holding on it, the researcher; stepped to define the extent of proven authentic of the local arbitrators’ decisions, where he discussed the start of the local arbitrators’ decisions gaining of authentic, and he concluded that these decisions become authentic once they are issued; as stated by the Egyptian legislator in the article (55) of the arbitration act, and the Jordanian arbitration act; article (42), while the Palestinian legislator stated that the authentic of the arbitration decision starts after its ratification by the competent courts, and not once it is issued, in accordance with the Palestinian arbitration act; article (47). Then the researcher discussed the authentic content which stands for the arbitrators; normal decisions, and concluded that the bases of the authentic is that it is a substantive rule not a legal presumption, as the substantive rule is rebuttable and the legal presumption is refutable.
Then the researcher talked about the proven authentic of the arbitrators’ temporary and summary decisions, and concluded that the jury can; depending on the request of one side to issue an order for taking temporary or summary procedures, but those decisions don not own the authentic, because the authentic can not be proved without the bases of examination and not on the bases of the case of probability in the urgent justice.
The researcher talked about the authentic extent for the local arbitrators’ decisions and the exemptions that occur and the extent of the relation introducing this authentic for the public system.