Commercial Arbitration
As known, transactions are of two types:
Either civil transactions such as sale, rent, transport and others, or business transactions which are characterized by speed, credit and trust. Therefore, the judiciary is divided into two types:
Firstly, The ordinary judiciary which is the civil courts.
Secondly, A special judiciary which is the commercial arbitration, and it is divided into two types, national commercial arbitration and international commercial arbitration.
This arbitration is a faster resolution of the dispute than the judiciary which is based on long procedures. Therefore, the commercial arbitration offices have spread in many countries. Chambers of Commerce have also played a role in arbitration as in Dubai, Bahrain, Brussels, Britain, Cairo and others.
ALHUKOK Law Firm knows that arbitration comes in many types as follows:
The first type: compulsory arbitration, which is made by special legal provision.
The second type: Optional arbitration, which is chosen by business parties and is common in commercial transactions.
The arbitrator serves as a judge in a special judiciary. And the qualified/ the expert is a person who is competent in a particular subject and he expresses opinion on a specific subject but the opinion is not binding. Therefore,the judge or the arbitrator may refer to more than one expert to clarify technical matters.
It is normal that mediation is different from arbitration. The mediator provides a compromise solution but it is not binding, while the arbitrator’s judgment is binding. And the commercial arbitration cannot be resorted to except with a legal provision or agreement between the parties according to the specifying contract.
ALHUKOK Law Firm has the ability and the capability to claim the rights of its clients and its assignors through arbitration when there is a legal provision or agreement between the parties to the dispute and in accordance with the contract between the parties.