The Arbitration Clause in the Main Contract

This book provides a comprehensive and systematic study of the arbitration agreement as one of the most important mechanisms for resolving disputes outside the traditional judicial system. It begins by examining the concept of the arbitration agreement, defining its legal nature and outlining its various forms. It then moves to the conditions required for its validity, both substantive and formal, while addressing issues such as defects of consent, the place of arbitration, and legal formalities.
The book further analyzes the legal effects of the arbitration agreement, emphasizing its binding force and the principle of autonomy, as well as its procedural consequences, particularly the principle of Kompetenz-Kompetenz and the arbitral tribunal’s authority to rule on its own jurisdiction.
In addition, it explores the constitution of the arbitral tribunal, including methods of appointing arbitrators, institutional and ad hoc arbitration, and judicial intervention when necessary. It also discusses the qualifications, duties, and ethical obligations of arbitrators, as well as their liability and the sanctions that may be imposed on them. This work ultimately serves as a valuable reference for researchers and practitioners in the field of arbitration law.