منازعات التجارة الدولية بين القضاء والتحكيم: دراسة مقارنة

Abstract

The national judiciary and arbitration agree on one objective: settling conflicts by a just obligatory ruling. The sound evaluation of the advantages of arbitration plays an important role in settling international trade conflicts.

In general, arbitration is one of the most important tools substituting the judiciary for settling international trade conflicts. When parties agree to resort to arbitration for settling their commercial conflicts, that does not mean disconnecting this conflict from the national judiciary. The arbitration agreement cannot divest the jurisdiction of a national judiciary. If arbitration procedures face any obstacles during any phase, the national judiciary will be the body concerned with the removal of such obstacles at the beginning of the arbitration procedures, during litigation, or when issuing and executing a judicial ruling. The Saudi legislator affirms the jurisdiction of the national judiciary in the new Saudi arbitration system and its executive regulation to be compatible to the international legal environment.