Keywords : procedures


TEMPORARY PRECAUTIONARY MEASURES FOR THE COMMERCIAL ARBITRATOR

Hatem g.saeed

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 1, Pages 73-103

The nature of the dispute, the circumstances, and the conditions of the lawsuit brought before the arbitration body or center required taking temporary and urgent precautionary procedures aimed at resisting the risk and preventing or limiting the damage and heading always towards the future to ward off a potential risk of falling in case it is not taken. It is based on the idea of providing litigants with quick judgments and placing them in a temporary legal position until the final settlement of the litigation in the disputes that it is feared to be too late and without prejudice to the origin of the right. Furthermore, preserving the existing conditions, respecting the apparent rights, and safeguarding the interests of the two parties of the dispute. These procedures are considered urgent protection and put an immediate end to the infringement by blocking the doors in front of the one with bad intention and depriving him of achieving his objectives while protecting the pretext and the evidence. The attitudes of international legislations differed regarding these procedures, their divisions and characteristics, the authority granted to the arbitrator, the legal restrictions, and the accompanying agreement. 

Detention Regulations (Comparative Study) (Quoted)

Yasir.M.Abdullah; Nadia.M.Alhamdany

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 1, Pages 267-312

The personal freedom of the inherent rights of human beings, they are the most precious thing in existence and can not be restricted except in the legislation that would allow this, as well as this can not justify restricting only to the requirements of the interest of the investigation procedures, and including a detention, which is an exceptional measure restricts the freedom of people in situations provided for by law, and in light of legal controls whether regarding who issued based on the availability of sufficient evidence to commit the crime, and attributed to the accused, as well as the importance of questioning the accused before deciding to arrest him, and to cause such decision taking into account the form required by law in the decision to arrest and the period specified by law, and as these legal controls were not observed in the decision arrest this procedure is arbitrary.