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Act 4 Of 2008 Arbitration Law

Original Language Title: القانون 4 لعام 2008 قانون التحكيم

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Law 4 of 2008 Arbitration Act


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Act No. 4/2008
Date-birth: 2008-03-25 History-Hjri: 1429-03-18
Published as: 2008-03-25
Section: A law.

Information on this Act:
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Law 4 of 2008
Arbitration law

President
Based on the Constitution

As approved by the People's Assembly at its meeting held on the date of 10 Rabi 1, 1429 A.H., 25-03-2008 My birthday.

: to issue:

Article 1

The terms and phrases below and for the purposes of this Law shall have the meaning set forth beside each of them unless the context of the text is eliminated in any other sense.

Arbitration: the method of a legal agreement to resolve the dispute rather than the judiciary whether or not the arbitrability of the arbitration proceedings under the agreement of the parties is an arbitration organization or permanent centre.

The arbitral tribunal: the constituted body of one or more arbitrators to adjudicate the dispute referred to arbitration in accordance with the terms of the arbitration agreement.

Arbitration agreement: The parties to the dispute have agreed to arbitrate all or some of the disputes that have arisen or may arise between them for a particular legal relationship that has been or are not Nodal Nodal period.

Parties to arbitration: parties to arbitration or parties to arbitration.

Commercial arbitration: arbitration in which the dispute is the subject of the dispute arising from a legal relationship of an economic or non-streptococcal character.

International commercial arbitration: arbitration in which the subject of dispute is related to international trade-even if inside Syria-in the following circumstances:

1. If the main business centre of the parties to the arbitration agreement is located in two different States at the time of the conclusion of the arbitration agreement, if one of the parties has several business centres, the express of the centre most relevant to the subject matter of the arbitration agreement and if it does not have the status of the business of the transposition of its habitual residence.

2. If the main business centre of the parties to the arbitration agreement is located in the State itself at the time of the conclusion of the arbitration agreement and one of the following places is a reality outside this State:

a. The place of the arbitration as appointed by the arbitration agreement or referred to how it may be appointed.

b. Place of implementation of a substantial part of the obligations arising from the business relationship between the parties.

C) The place most connected to the subject of conflict.

3. If the subject matter of the dispute to which the arbitration agreement is dismissed is related to more than one State.

Article 2

1. Without prejudice to the applicable international conventions in the Syrian Arab Republic, the provisions of this Law shall apply to any arbitration in Syria and shall apply to any international commercial arbitration being conducted abroad if its parties agree to subject it to the provisions of this Law.

2. The arbitration in administrative contract disputes remains subject to the provisions of article 66 of the contract regime of Law No. 51 of 9/12/2004.

Article 3

1. The competence to consider matters of arbitration covered by this law shall be held by the Court of Appeal, which shall take place in its chamber of arbitration unless the parties agree to the jurisdiction of another appeal court in Syria.

2. The tribunal having jurisdiction in accordance with the preceding paragraph (without any other) shall remain competent until all arbitration proceedings have been completed.

3. If the dispute is related to the right of an eye to a property, the application should be referred to the newspaper of the property by a decision taken (in the study chamber) to which the court meets jurisdiction in accordance with the first paragraph of this article.

Article 4

1. Unless there is a special agreement between the parties to the arbitration that any letter or notice to the addressee is communicated to it in person or to its business headquarters, habitual residence or postal address known or designated in the arbitration agreement or contract through the bailiffs in the appellate area of the Tribunal defined in the Tribunal Article 3 of this Law.

2. If the addresses referred to in the preceding paragraph are not identified, the address is considered to be an amount if the action is taken in a written book to the last business headquarters, habitual residence or postal address known to it.

3. Delivery shall be considered to be in effect from the day in which it was established as specified in the preceding two paragraphs.

4. The provisions of this article shall not apply to judicial communication before the courts.

Article 5

1. The arbitral tribunal shall be free to determine which law the arbitral tribunal must apply to the subject matter of the dispute.

2. If the parties to the arbitration agree to subordinate their legal relationship to the provisions of a model contract, an international convention or any other document, the provisions of the arbitration shall be covered by this document.

Article 6

In the circumstances under which this law allows the parties to the arbitration to choose the procedure to be followed in a particular matter, each of them may authorize others to opt for such action.

Chapter II

Arbitration agreement

Article 7

1. The arbitration may be agreed upon in the contract and before the dispute arises whether the agreement is separate by itself or in a certain contract on all or some disputes that may arise between the parties and in such a case the subject matter of the dispute shall be determined in the statement of claim referred to in article 27 of this Law.

The arbitration may also be subsequently agreed upon for the conduct of the dispute, even if the dispute is before the judiciary for adjudication and in such a case the agreement must determine the matters covered by the arbitration or the agreement is void.

2. An arbitration agreement shall be regarded as a reference in the contract to a document containing an arbitration clause if the reference is clear in the consideration of this requirement as part of the contract.

Article 8

The arbitration agreement must be written in writing, otherwise it is void and the agreement is written if it is contained in a contract, official or ordinary document or in the record of an editor upon the written means of communication (e-mail, fax, telex) if it proves that the will of its sender on the choice of arbitration is a means. To settle the conflict.

Article 9

1. An arbitration shall be agreed upon only to the natural or legal person who has the disposition of his or her rights in accordance with the law governing his or her eligibility.

2. The arbitration shall not be agreed upon in matters in which the public, nationality or personal status may not be or may not be contrary to the public order, except for the financial implications thereof.

Article 10

1. A court to which it has filed an action on an arbitration agreement must be ruled inadmissible if the defendant submits any application or defence in the case unless it is found that the agreement is invalid, null or void, or cannot be executed.

2. The filing of the case referred to in the preceding paragraph shall not preclude the commencement or continuation of the arbitral proceedings or the issuance of the arbitral award.

Article 11

The arbitration clause shall be regarded as separate from the conditions of the other contract and the termination, nullity, termination or termination of the contract shall not have any effect on the arbitration clause if (this requirement) is true in the same unless the parties otherwise agree.

Chapter III

arbitral tribunal

Article 12

1. The arbitral tribunal shall form the agreement of the parties to the arbitration by one or more arbitrators, if they do not agree that the number of arbitrators shall be three.

2. If the arbitrators are numerous, they must number and see otherwise the arbitration is void.

Article 13

1. The arbitrator shall not be a minor or a juror or a mere of his or her civil rights because of his or her sentence of a felony or misdemeanor offence unless he or she has been treated as a criminal offence.

2. An arbitrator shall not be required to be of certain sex or nationality unless the parties to the arbitration agree otherwise.

Article 14

1. If the dispute occurred and the parties did not agree on the selection of the arbitrators, the following:

a. If the arbitral tribunal is a problem of one arbitrator, the tribunal defined in article 3 of this law would have chosen it at the request of one of the parties.

b. If the arbitral tribunal is a three-arbitrator problem, each party shall elect a arbitrator, and the arbitrators shall agree to the selection of the third arbitrator.

C) If one party does not appoint an arbitrator within the next 30 days of receipt of a request from the other party, or if the arbitrators concerned do not agree to To select the third arbitrator within the next 30 days of the date of appointment, the court defined in article 3 of this Law was chosen at the request of one of the parties for a decision to be taken in the study room. The arbitrator chosen by the two arbitrators appointed or chosen by the tribunal shall have the chairmanship of the arbitral tribunal, and those provisions shall apply in the event that the arbitral tribunal shall be constituted by more than three arbitrators.

2. The number of arbitrators appointed by the Court shall be equal to the number agreed upon between the parties.

3. When the arbitrator is appointed, the court shall take into account the conditions required by this law and those agreed upon by the parties, and shall issue its decision of appointment promptly in the Chamber of study after inviting the parties.

4. The Tribunal shall also have the right to take any action that the parties must or should not have taken on the choice of arbitrators, but has not been taken because of the failure of the parties or the failure of the parties to agree.

5. A decision in accordance with the provisions of this article does not accept the appeal by any means of appeal. The decision of the appointing request shall accept the appeal to the Court of Cassation within the next 30 days of the notification of the decision and the appeal will be decided by the court within 30 days of the date of arrival of the file.

Article 15

All those who assault an arbitrator during the exercise of the arbitration function or because of them shall be punished by the penalty for which the offence is punishable if it is a judge.

Article 16

1. The Court, defined in article 3 of this Law, shall appoint an alternative arbitrator at the request of the most steering party in the following cases:

a. If the arbitrator fails to proceed with his work.

b. If the arbitrator has retired or has prevented or removed from his or her direct action, the arbitrator shall be dismissed or dismissed.

2. The replacement arbitrator shall be appointed in accordance with the procedures followed in the selection of the arbitrator whose mission has expired.

Article 17

1. The arbitrator's acceptance of his or her signature shall be in writing by signing the arbitration agreement or by signing an independent document confirming its acceptance or the minutes of the arbitration hearing, and shall disclose to the arbitration and to the other arbitrators any circumstances that would raise doubts as to whether or not such circumstances exist. In accepting his or her assignment during the arbitral proceedings, the parties to the arbitration in this case shall have the option to accept his or her continuation with the arbitration function or to ask him to recuse him or her.

2. The arbitrator shall not be allowed to give up the task without justification, or may otherwise be liable for harm to the parties to the arbitration or to any of them.

Article 18

1. The arbitrator shall not be returned except for the reasons given by the judge, or if he or she has lost one of the conditions of validity provided for in this Act.

2. None of the parties to the arbitration may request the response of the arbitrator appointed or involved in his or her appointment except for the reason that it has been established after the appointment has been made.

Article 19

1. The application for a written reply to the court defined in article 3 of this Law shall be filed with the documents supporting it within 15 days of the date of the student's flag for the reasons why the reply is justified.

2. The court heard the request for a reply in the study room and is separated by a decision made after hearing the required arbitrator.

3. The submission of a reply shall cease the arbitral proceedings and suspend its duration until the decision has been issued by refusing the request for reply or until the substitute arbitrator has accepted his or her arbitral assignment.

4. The request for reply does not accept a request for a reply by the arbitrator itself in the same arbitration and for the same reason.

5. If the response of the arbitrator is to be ruled out, the proceedings, including the arbitral award, shall be considered as if the reason for the response was not from the date of the response.

Article 20

1. An arbitrator or an arbitrator may be removed only by the agreement of all liabilities.

2. If the arbitrator is unable by law or de facto to perform his mission or succeed or be interrupted or interrupted after accepting more than 30 days, he must step down or be subject to isolation, and in this case he shall be isolated (if the parties do not agree to his isolation) with a decision of the court defined in him. Article 3 of this Law shall be taken in the room of study at the request of one of the parties.

3. If the task of the arbitrator has ended with his judgement, removal, removal or any other reason, he shall be appointed in accordance with the procedures followed in the selection of the arbitrator whose mission has expired.

4. The filing of an impeachment request entails the suspension and duration of the arbitral proceedings until the decision to reject the impeachment request or until the substitute arbitrator has accepted his or her arbitral assignment.

Article 21

1. The arbitral tribunal shall separate the defences against its jurisdiction, including the defences of the absence, fall or invalidity of an arbitration agreement or the fact that it is not covered by the subject of the dispute.

2. The non-comprehensiveness of the arbitration agreement shall be submitted to the other matters raised by the other party during the immediate consideration of the dispute otherwise the right shall be brought to the attention of the dispute.

3. The fact that one of the parties to the arbitration shall appoint or participate in the appointment of an arbitrator shall not have the right to make any payment of the submissions referred to in the first paragraph.

4.

a. The arbitral tribunal shall separate the submissions referred to in the first and second paragraphs of this article as a preliminary issue, or decide to annex them to the subject matter to separate them together. The Commission's decision shall be in both cases.

b. A person whose arguments are rejected may be upheld by filing an application for the nullity of the arbitral award in accordance with article 51 of this Law.

Chapter IV

Arbitral proceedings

Article 22

1. Subject to the provisions of this Law, the parties to the arbitration shall agree on the procedures to be followed by the arbitral tribunal, including their right to subject such proceedings to the rules in force in any permanent organization or status of arbitration in Syria or abroad.

2. If there is no such agreement, the arbitral tribunal (taking into account the provisions of this Act) would have chosen the arbitral proceedings that it deemed appropriate.

Article 23

In the arbitration agreement on the place of arbitration in Syria or abroad, if there is no agreement, the arbitral tribunal has appointed the place of arbitration, taking into account the circumstances of the proceedings and the suitability of the place for the parties.

This is without prejudice to the authority of the arbitral tribunal to meet in any place it deems appropriate for the conduct of an arbitral proceeding, such as hearing the parties, witnesses or experts, accessing documents or previewing goods or funds, in which case the parties must be informed well in advance of the meeting so that the meeting can be made available. They have attendance.

Article 24

1. Arbitration in Arabic shall be conducted unless the parties agree otherwise, or the arbitral tribunal decides to specify other language or languages, and the provision of the agreement or decision applies to the language of documents, written submissions and oral pleadings, and to each decision taken by this body, a letter of direction or a judgement rendered by it. The agreement of the parties or the arbitral tribunal did not provide otherwise.

2. The arbitral tribunal may request that a juror's translation be attached to some of the written documents submitted in the proceedings by a juror of a juror to the language or languages used in the arbitration, and in the case of multiple such languages, they may limit the translation to some or one of them.

Article 25

The arbitral tribunal shall treat the parties to the arbitration on an equal basis, and shall create equal and sufficient opportunities to present their case and to defend their rights.

Article 26

The arbitral proceedings shall commence from the next day in which the respondent receives the application for arbitration from the claimant unless the parties to the arbitration agree otherwise.

Article 27

1. During the time agreed upon between the parties or the arbitral tribunal appointed by the arbitral tribunal, the applicant shall send the applicant and the arbitral tribunal a written statement of their claim.

2. The statement should include the following information:

a. Name and address of the plaintiff.

b. Name and address of the defendant.

C) A thorough explanation of the proceedings of the proceedings with the identification of matters of dispute and the requests, and other than what he considers to be of the statement.

3. If the claimant does not submit a written statement in accordance with the preceding two paragraphs and does not express an excuse, the arbitral tribunal shall suspend the arbitral proceedings unless the parties agree otherwise.

Article 28

1. The respondent party shall submit to the arbitral tribunal a written defence and extradite a copy to the applicant during the time agreed upon between the parties or the arbitral tribunal appointed by the arbitral tribunal.

2. The respondent has to ensure that any interlocutory requests relating to the subject matter of the dispute or to uphold an emerging right for the purpose of payment of set-off shall be upheld, as well as at a later stage of the proceedings if the arbitral tribunal determines that the circumstances warrant the delay.

Article 29

1. The arbitral tribunal shall meet after its formation at the invitation of its President and shall hold its meetings at the place agreed upon by the parties or the place specified in accordance with the provisions of this Law, so as to enable each of the parties to explain the subject matter of their arguments and their evidence, and to be satisfied with the submission of written submissions and written documents unless agreed upon. The parties otherwise.

2. The arbitral tribunal shall notify the parties to the arbitration of the dates and place of the hearings to be held well in advance of the due date and for the parties to the arbitration to attend the hearings themselves or under their proxies.

3. Meetings of the arbitral tribunal shall be confidential unless the parties otherwise agree.

4. The proceedings of the arbitral proceedings shall be in a record signed by the members of the arbitral tribunal and the arbitration parties present or their agents, and shall be given an image to each of the parties unless they agree otherwise.

5. The arbitral tribunal shall continue its normal proceedings and if either party fails to attend some hearings or fails to submit the documents it has requested to submit.

Article 30

Each of the parties to the arbitration shall modify or supplement its claims or defence during the proceedings of an arbitral proceeding, and the arbitral tribunal shall not accept such modification or completion if it finds that it has been submitted late in order to delay or delay the dismissal of the dispute.

Article 31

If one of the parties to the dispute in the arbitral proceedings continues to be aware of a breach of a condition in the arbitration agreement or a provision of this law, it may be agreed that it may be violated without any objection to this violation at the time agreed or in a reasonable time when the agreement is not agreed upon by the parties. His right to object.

Article 32

1. The arbitral tribunal may decide (on its own initiative or at the request of one of the parties) to conduct substantive expertise on some or all of the issues of the dispute, and if the parties to the arbitration do not agree on the nomination of the expert or experts, the arbitral tribunal shall nominate them.

2. The arbitral tribunal shall be sworn in by the legal right, prior to their mission, unless the parties agree otherwise.

3. The parties must provide the experts with information, data and documents related to the issues of the conflict, and enable them to inspect and examine documents, records, goods and funds. The parties must be informed of the date of the inspection and examination.

4. Experts (after completion of their assignment) shall deposit their report with the arbitral tribunal.

The Commission should send a picture of it to each of the parties for observations on the content of the experience report during an appropriate period to be determined by it.

5. Upon receipt of the experience report, the arbitral tribunal shall decide (on its own initiative or at the request of one of the parties) to hold a meeting of experts and discuss them with the information contained in their report.

Article 33

The arbitral tribunal may decide (on its own initiative or at the request of one of the parties) to hear witnesses who see the benefit of hearing them. The hearing of witnesses after the performance of the legal right is unless the parties agree otherwise.

Article 34

The arbitral tribunal shall refer to the Court defined in article 3 of this Law for:

1. The sentence for those who leave witnesses to attend or abstain without legal excuse for the answer, with penalties or fines prescribed by law.

2. Decision making.

3. A judgment to order others to produce a document in his possession is considered necessary to rule in the dispute.

Article 35

The operation of the liability before the arbitral tribunal shall be interrupted in circumstances and in accordance with the conditions set out in the Law on the Assets of Trials and the interruption of the Tribunal shall have the effect of the prescribed effects in that law.

Article 36

1. The arbitral tribunal shall, after the conclusion of the arbitration hearings, decide (on its own initiative or at the request of one of the parties) to reopen the case before the award is rendered.

2. The arbitral tribunal shall meet after closing the case for deliberation and for issuing the final judgement and the deliberation shall be confidential.

Chapter V

The award

Article 37

1. The arbitral tribunal shall issue the final ruling in the dispute within the time agreed upon by the parties. If there is no agreement, the judgement shall be issued within 180 days from the date of the first session of the arbitral tribunal.

2. If the arbitral tribunal is not able to adjudicate the dispute within the time limits set out in the preceding paragraph, the arbitral tribunal may extend the arbitration for a period of not more than 90 days and one time.

3. If the arbitration judgement is not issued during the date referred to in the preceding two paragraphs, each of the parties to the arbitration may request the tribunal defined in article 3 of this Law within 10 days of the expiration of this date for arbitration for an additional period not exceeding 90 days and for one time, and in This case shall be extended or reordered by a court decision in the study room issued after the invitation of the liability.

4. In the event of an end to the arbitration according to the preceding paragraphs without the award, any party to the arbitration would have submitted its case to the competent court originally for the consideration of the dispute unless they agreed to arbitration again.

5. If the terms of the arbitration expired and the arbitral tribunal did not decide to urge the arbitral tribunal to dispute without an acceptable excuse, the parties to the arbitration had to review the competent judicial review of their claim for compensation.

Article 38

1. The arbitral tribunal shall apply to the subject matter of the dispute the rules agreed upon by the parties, and if they agree to apply the law of a particular State in which the substantive rules have been followed without the rules of conflict of laws, unless the parties agree otherwise.

2. If the parties do not agree on the legal rules applicable to the subject matter of the dispute, the arbitral tribunal has applied the substantive rules in the law which it considers to be the most relevant to the dispute.

3. In the adjudication of a dispute, the arbitral tribunal shall take into account the conditions of the contract and the current customs of the dispute.

4. If the parties to the arbitration expressly agree to the delegation of the conciliation commission, they may separate the dispute under the rules of justice and fairness without abiding by the provisions of the law.

5. Prior to the issuance of the final judgement, the arbitral tribunal may make a judgement or in part of the applications.

6. Any of the parties to the arbitration shall have the right to review the judge of urgent matters either before the commencement of the arbitral proceedings or during the conduct of a reservation in accordance with the provisions set forth in the Law on the Assets of Trials.

Article 39

If the parties to the arbitration agreed during the conduct of the arbitral proceedings to terminate the dispute, they would have requested the arbitral tribunal to prove it. In such a case, the Authority must issue a decision containing the agreement agreed upon by the parties and this decision shall have the strength of the arbitrators' provisions for implementation.

Article 40

If, during the arbitral proceedings, a matter that is outside the jurisdiction of the arbitral tribunal or a fraud appeal is presented in a document submitted to it, the arbitral tribunal may discontinue the proceedings if the adjudication of the dispute depends on the determination of this matter or the validity of the document.

Article 41

1. The arbitration judgement shall be issued after the deliberation, written unanimously or by the majority of opinions, and must be signed by the arbitrators and the dissenting arbitrator at the time of the judgement, without his opinion on the newspaper of the judgement, and if he refuses to sign, the reasons for this must be stated in the judgement.

2. If there is no majority of opinions, the President of the arbitral tribunal shall render judgement alone according to his opinion and only in this case by signing it alone and on each of the other arbitrators in the opinion and for each other to write down his opinion in writing on the newspaper of judgement issued by the President of the arbitral tribunal. If one or both of them refuses to sign, the reasons for this must be stated in the judgement.

Article 42

1. The arbitral award shall contain the names of the members of the arbitral tribunal, the names of the liabilities, their titles, their characteristics, their nationalities, an image from the arbitration agreement, a summary of the claims, statements, documents, and date and place of the judgement.

2. The arbitral award shall also contain arbitration fees and expenses and how they shall be distributed between the parties and if the parties and the arbitrators are not agreed to determine the arbitrators' fees, they shall be determined by decision of the arbitral tribunal and their decision in this regard shall be subject to challenge before the tribunal defined in article 3 of the This is the law and the decision of the court in this case is concluded.

3. The arbitration clause must be reasoned only if the parties to the arbitration agree otherwise or the law applicable to the proceedings does not require the reasons for the judgment to be stated.

4. The award is made in the language of arbitration.

5. The arbitral tribunal shall submit to each of the parties to the arbitration an image of the award signed by all its members within 15 days from the date of its issuance.

Article 43

1. If the arbitral award was issued in the Syrian Arab Republic, it was for the author of the judgement to deposit the original sentence with the Court of Arbitration, the Court of the Court, defined in article 3 of this Law and the Chief of the Court of the Court to edit the record of that.

2. The parties to the arbitration shall have the right to obtain a certified copy of this record and the judgement after its deposit.

3. If an arbitral award is made in a foreign language, it must be accompanied by a translation into Arabic by a translation of his or her juror.

Article 44

A arbitral award may be published or a part published only with the consent of the parties to the arbitration.

Article 45

The arbitral proceedings shall be concluded by the issuance of an award, which is terminated for the whole of the liability, and shall also terminate if the arbitral tribunal decides to terminate it in any of the cases referred to in the present law and:

1. If the parties agree to terminate the arbitration without settling the dispute.

2. If the plaintiff leaves the arbitration liability or withdraw its claim unless the respondent objects to it and the arbitral tribunal finds that it has an interest in continuing the proceedings until the dispute is resolved.

Article 46

1. The arbitral tribunal may correct in its judgement strictly material errors (arithmetic or clerical) by decision of its own initiative or at the request of one of the parties, provided that the other party is notified within the next 30 days of the judgement or the filing of the correction request as immediately.

2. The arbitral tribunal shall issue the correction decision in writing in the Chamber of study within 15 days and if the arbitral tribunal exceeds its authority in the correction, the award may be upheld by the nullity of its decision on the basis of which the provisions of articles 5 1 1 and 52 of this Law shall be invalid.

Article 47

1. The arbitral tribunal may at the request of a party for a period of 30 days from the date of the award and after it has declared the other party to explain the ambiguity or additional arbitration judgement in requests made during the proceedings and which the arbitral award has omitted.

2. In the cases referred to in the preceding paragraph, the other party shall be entitled to submit a written response to the arbitral tribunal within 10 days of the date of the request.

3. The arbitral tribunal shall render its decision in the cases referred to in paragraph 1 of this article in the Chamber of study without invitation, within 30 days from the date of submission of the application.

4. The judgement in previous cases is considered to be an integral part of the original provision and applies to the original provision of the Rules.

5. If the arbitral tribunal is unable to meet again, the correction or interpretation of the judgement or an additional judgment shall be within the jurisdiction of the Court defined in article 3 of this Law.

Article 48

Subject to the provisions of Articles 46 and 47 of this Law shall terminate the function of the arbitral tribunal by the termination of the arbitral proceedings and the President of the arbitral tribunal shall deposit the Court's Court of Court knowledge in article 3 of this Law.

Chapter VI

Appeal to arbitration

Article 49

The provisions of the arbitration shall be rendered in accordance with the provisions of this Act not subject to any means of appeal. The nullity of the arbitral award may, however, be instituted in accordance with the provisions set out in the following articles.

Article 50

1. The nullity of the arbitration judgement shall be receivable only in the following circumstances:

a. If there is no arbitration agreement or this agreement is void or has fallen by the end of its term.

b. If one of the parties to the arbitration agreement at the time of its conclusion is loss of or minus in accordance with the law governing its eligibility.

C) If one of the parties to the arbitration is unable to submit his or her defence for failure to declare a valid declaration of appointment of an arbitrator, the arbitral proceedings or for any other reason beyond his or her will.

d - If the arbitral award excluded the application of the law, the parties agreed to apply it to the subject of the dispute.

-Come on! If the arbitral tribunal is formed or the arbitrators are appointed in violation of this law or the agreement of the parties.

And - If the arbitral award is dismissed in matters not covered by the arbitration agreement or beyond the limits of this Agreement, and, however, the parts of the provision on matters subject to arbitration may be separated from its parts on matters not subject to it, the nullity of the arbitration shall only be based on the latter part.

g If a nullity is declared in the award or if the arbitral proceedings are invalid, the effect of the judgement shall be invalid.

2. The Court, which considers the nullity of the nullity of the award, requires that the award be invalid if it guarantees the violation of the public order in the Republic of the Syrian Arab Republic.

Article 51

1. An application for the nullity of the arbitration judgement shall be filed within the following 30 days of the date of the communication of the arbitral award to the person who is sentenced and does not preclude the acceptance of the nullity of the award by the plaintiff of the nullity of the award before the award of the award.

2. For the opinion of the nullity in the arbitration proceeding, the Court defined in article 3 of this Law shall be competent.

3. The Court shall separate the claim of nullity within 90 days beginning from the date of completion of the liabilities.

4. If the Court decides to return the nullity of the proceedings, its decision shall serve as a substitute for the judgement of the arbitrators.

Article 52

1. The Court's decision to annul the arbitral award shall be accepted by the Court of Cassation within the next 30 days to inform the judgement.

2. The Court of Cassation decides to appeal the decision to annul the arbitral award within 90 days from the date of arrival of the case file.

Chapter VII

Authentic provisions of the arbitrators and their implementation

Article 53

The provisions of the arbitrators rendered in accordance with the provisions of this Law shall be authoritative and shall be binding and enforceable automatically by the parties or in a compulsory capacity if the convicted person refuses to implement them voluntarily after they have found the implementation formula.

Article 54

a. The arbitral award shall be given the form of implementation by a decision taken by the court defined in article 3 of this Law in the study room and after the other party has been able to respond to the request within 10 days of the date it is notified of it.

b. The application syntax request should be attached to the following:

1. The origin of the judgement or a certified image.

2. An image of the arbitration agreement or an image of the contract containing the arbitration clause.

3. A jury to be translated into Arabic if it is published in another language.

4. A picture of the filing of the judgement in accordance with article 43 of this Law.

Article 55

The application of the nullity does not have the effect of suspending the execution of the award. However, the court may decide in the study room to suspend execution for a maximum of 60 days if the plaintiff requests it in the newspaper of the case, and there is a risk of serious irreparable harm, and the court may require the plaintiff to provide bail. A financial guarantee for the deduction of the suspension of the execution if the case is dismissed.

Article 56

1. The arbitral award shall not be carried out before the expiration of the date of application for annulment.

2. The arbitral award shall not be established in accordance with this Act except after verification of the following:

a. It does not conflict with a ruling already issued by the Syrian courts on the subject of the conflict.

b. It does not contain any violation of the public order in the Syrian Arab Republic.

C) It has been reported correctly to the person.

Chapter VIII

Arbitration centres

Article 57

Permanent arbitration centres may be established in accordance with the provisions of this Law and the regulations that place them.

Article 58

The centre system must include, inter alia:

1. The name of the center and its headquarters and targets.

2. Organizational and administrative centre structure.

3. Services provided by the Centre.

4. Names and qualifications of the arbitrators to be adopted by the Centre.

5. He founded the estimation of arbitration fees and expenses and how to distribute them.

Article 59

In the Director of the Centre:

1. Arab Syria should be at least five years old and a permanent resident in the Syrian Arab Republic.

2. To be unbound by a felony or a heinous misdemeanor.

3. To be a right holder from a university in the Syrian Arab Republic, or its equivalent.

4. To have exercised legal or judicial work for at least 15 years.

Article 60

1. The Centre is given a decision by the Minister of Justice.

2. The application for advertising is submitted to the Ministry of Justice with the evidence of the application and the status of the station, and is registered in the Ministry of Justice.

3. A decision was made by the Minister of Justice to examine and submit proposals for the examination of applications for advertising.

4. The decision to declare or reject advertising shall be issued within 60 days of the date of the registration of the application. The decision to be made public is published in the Official Gazette.

5. The decision to reject advertising must be exempt, and this decision is subject to appeal to the State Council by an administrative judiciary.

Article 61

The Judicial Inspection Department of the Ministry of Justice shall inspect arbitration centres and submit annual reports on them to the Minister of Justice. .

Article 62

1. In the event that the Centre has established a serious violation of the provisions of this law or its regime, it shall be repealed by a reasoned decision of the Minister of Justice published in the Official Gazette. This decision shall be subject to appeal against the reference set forth in article 60, paragraph 5, of this Law.

2. In a decision made by the Minister of Justice, a Tripartite Commission is responsible for managing the work of the Centre, which is in accordance with its system and until it is adjudicated on its existing cases.

3. To be determined by a decision of the Minister of Justice rather than the honorarium of the Commission, and the allowance shall be disbursed from which the Centre would be responsible for such cases.

Article 63

The Minister of Justice (if necessary) to issue instructions regulating the operation of the arbitration centres.

Chapter IX

Miscellaneous Provisions

Article 64

Articles 506 to 534 of the Trial Assets Act, promulgated by Legislative Decree No. 84 of 1953, are repealed and amended.

Article 65

The arbitration agreements concluded prior to the entry into force of this Act shall be subject to the provisions in force at the date of its conclusion whether or not the arbitral proceedings have been commenced.

Article 66

This Law is published in the Official Journal and operates as of the first of the month following the date of publication.

18 Rabi 1 1429 A.H. 1429 25-03-2008 My birthday.


President
Bashar al-Assad

Lawyer Naam Al-Masri












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Statement of the People's Assembly on the seventieth anniversary of independence

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