The
English version of this document is for guidance only.
The Arabic version is the governing text.
Article
1:
It
may be agreed to resort to arbitration with regard to a specific,
existing dispute. It may also be agreed beforehand to resort
to arbitration in any dispute that may arise as a result of
the execution of a specific contract.
Article
2:
Arbitration
shall not be accepted in matters wherein conciliation is not
permitted. Agreement to resort to arbitration shall not be
deemed valid except by those who have the legal capacity to
act.
Article
3:
Government
bodies may not resort to arbitration for the settlement of
their disputes with third parties except after approval of
the President of the Council of Ministers. This provision
may be amended by a Resolution of the Council of Ministers.
Article
4:
An
arbitrator is required to be experienced and of good conduct
and reputation and full legal capacity. In case of multiple
arbitrators, they shall be odd in number.
Article
5:
Parties
to a dispute shall file the arbitration instrument with the
authority originally competent to hear the dispute. The said
instrument shall be signed by the parties or their officially
delegated attorneys-in-fact and by the arbitrators, and it
shall state the subject matter of the dispute, the names of
the parties, names of the arbitrators and their consent to
have the dispute submitted to arbitration. Copies of the documents
relevant to the dispute shall be attached.
Article
6 :
The
authority originally competent to hear the dispute shall record
applications of arbitration submitted to it and shall issue
a decision approving the arbitration instrument.
Article
7:
Where
parties agree to arbitration before the dispute arises, or
where a decision has been issued sanctioning the arbitration
instrument in a specific existing dispute, the subject matter
of the dispute may only be heard in accordance with the provisions
of this Law.
Article
8:
The
clerk of the authority originally competent to hear the dispute
shall be in charge of all notifications and notices provided
for in this Law.
Article
9:
The
dispute shall be decided on the date specified in the arbitration
instrument unless it is agreed to extend it. If parties do
not fix in the arbitration instrument a time limit for decision,
arbitrators shall issue their award within ninety days from
date of the decision approving the arbitration instrument;
otherwise, any litigant who so desires may submit the matter
to the authority originally competent to hear the dispute,
which may decide either to hear the subject matter or extend
the time limit for a further period.
Article
10:
Where
parties fail to appoint the arbitrators or one party abstains
from appointing the arbitrator(s) who are to be chosen solely
by him, or where one arbitrator or more refuses to work, or
withdraws, or a contingency arises which prevents him from
undertaking the arbitration or if he is dismissed and there
is no special stipulation by the parties, the authority originally
competent to hear the dispute shall appoint the arbitrator(s)
as necessary, upon request of the party interested in expediting
the arbitration, in the presence of the other party or in
his absence, after being summoned to a session to be held
for this purpose. The number of arbitrators appointed shall
be equal or complementary to the number agreed upon among
the parties. The decision in this respect shall be final.
Article
11:
The
arbitrator may not be dismissed except by the consent of the
parties. The arbitrator so dismissed may claim compensation,
if he had already commenced work prior to dismissal, and as
long as the dismissal is not attributable to him. An arbitrator
may not be challenged from judgment save for reasons that
occur or appear after filing the arbitration instrument.
Article
12:
A
request to disqualify the arbitrator may be made for the same
reasons for which a judge may be disqualified. The request
for disqualification shall be submitted to the authority originally
competent to hear the dispute within five days from the day
a party is notified of the appointment of the arbitrator or
from the day the reasons for disqualification appear or occur.
A ruling on the disqualification request shall be made at
a hearing specially convened for this purpose to which the
parties and the arbitrator whose disqualification is requested
are summoned.
Article
13:
The
arbitration shall not expire with the death of one of the
parties, but the time for the award shall be extended by thirty
days unless the arbitrators decide to extend for a longer
period.
Article
14:
Where
an arbitrator is appointed in place of a dismissed or a withdrawing
arbitrator, the date fixed for the award shall be extended
by thirty days.
Article
15:
Arbitrators
may, by the same majority required for making the award and
by a decision giving the grounds for so doing, extend the
period fixed for an award due to circumstances pertaining
to the subject matter of the dispute.
Article
16:
The
award of the arbitrators shall be made by majority opinion,
and where they are authorized to settle, the award shall be
issued unanimously.
Article
17:
The
award document shall contain in particular the arbitration
instrument, a summary of statements of the parties and supporting
documents, the reasons for the award, its text, date of issue
and the signature of the arbitrators. Where one or more arbitrators
refuse to sign the award, this shall be recorded in the document
of the award.
Article
18:
All
awards passed by the arbitrators, even though issued under
an investigation procedure, shall be filed within five days
with the authority originally competent to hear the dispute
and the parties notified with copies thereof. Parties may
submit their objections against what is issued by arbitrators
to the authority with which the award is filed, within fifteen
days from the date they are notified of the arbitrators' awards;
otherwise such awards shall be final.
Article
19:
Where
one or more of the parties submit an objection to the award
of the arbitrators within the period provided for in the preceding
Article, the authority originally competent to hear the dispute
shall hear the objection and decide either to reject it and
issue an order for the execution of the award, or accept the
objection and decide thereon.
Article
20:
The
award of the arbitrators shall be enforceable when it becomes
final by order of the authority originally competent to hear
the dispute. This order may be issued at the request of any
of the concerned parties after ascertaining that there is
nothing that prevents its enforcement in the Shari'ah
.
Article
21:
The
award made by the arbitrators, after issuance of the order
of execution in accordance with the preceding Article, shall
have the same force as a judgment made by the authority which
issued the execution order.
Article
22:
Arbitrators'
fees shall be determined by agreement of parties. Sums not
paid to arbitrators shall be deposited with the authority
originally competent to hear the dispute within five days
after the approval of the arbitration document and shall be
paid within one week from the date of the issuance of the
order for the enforcement of the award.
Article
23:
Where
no prior agreement exists as regards arbitrators' fees and
a dispute arises, the authority originally competent to hear
the dispute shall decide the matter, and its judgment shall
be final.
Article
24:
Resolutions
necessary for the implementation of this Law shall be issued
by the President of the Council of Ministers pursuant to a
recommendation by the Minister of Justice after agreement
with the Minister of Commerce and the Chairman of the Board
of Grievances.
Article
25:
This
Law shall be published in the Official Gazette and shall be
effective after thirty days from the publication thereof.
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