DISTINGUISHING COMMERCIAL ARBITRATION FROM THE JUDICIARY AND ITS LEGAL NATURE
Journal of college of Law for Legal and Political Sciences,
2021, Volume 10, Issue issue 38 part 2, Pages 286-315
AbstractArbitration as an alternative means of resolving disputes is not a modern system, its origins extend to ancient times and it is one of the means of settling disputes between the concerned parties by a person from others far from the state's jurisdiction. General judiciary, and was recognized by all the basic systems that prevailed at that time, such as the Babylonian, Sumerian, Pharaonic, Greek, Roman, Islamic and other civilizations.One aspect of jurisprudence believes that he is in charge of conciliation, as well as arbitration, is a person from others in relation to the disputants, including that this person, the conciliator, is the choice of these, and he pursues the parties and recognizes their point of view, hears their sayings, and arrives at a solution that ends the dispute, in a way that preserves the continuation of Their future relationships.
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