Termination of Procedures before the Arbitrators Examination on the Legal Nature of the Business and Decisions issued by Arbitration Centers and Bodies

Document Type : Original Article

Author

Faculty of Law - Cairo University

Abstract

The main idea of the article revolves around the legal nature of the actions and decisions issued by arbitration centers and bodies, and their ability to appeal before the courts. The reason for discussing this idea is what was recently issued by the Administrative Court in Cairo, regarding some of the decisions of the Cairo Regional Center - and the arbitration panel that examines the dispute - as negative administrative decisions that can be challenged. Where the court accepted its jurisdiction in the case and ruled to oblige the Cairo Center to end the procedures.
This is in violation of Article 45 of the Arbitration Law, which states that “(1) The arbitral tribunal shall issue the judgment terminating the entire litigation within the date agreed upon by the parties. If there is no agreement, the judgment must be issued within twelve months from the date of commencement of the arbitration procedures, and in all cases the arbitration panel may decide to extend the time, provided that the extension period does not exceed six months, unless the parties agree on a period exceeding that. (2) If the arbitration award is not issued within the time referred to in the previous paragraph, either of the parties to the arbitration may request the president of the court referred to in Article 9 of this law to issue an order setting an additional date or ending the arbitration procedures, and either party may then raise His claim to the court originally competent to consider it ».
The article concluded that:The Administrative Judicial Court is not competent - in principle - because the person competent to issue the order to end the procedures is the President of the Court in accordance with the text of Article 45/2 Arbitration.

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