الغش في حكم التحكيم التجاري الدولي - مشكلات وحلول

Abstract

The increase in economic institutions, commercial companies and international trade operations among them across countries and in most countries of the world and the inadequacy of their national laws and national judiciary to settle the disputes arising from them between the parties led to the tendency of legal thought to search for specialized, appropriate and quick tools to decide on them, so international commercial arbitration came In the first place for the settlement of those disputes, especially those that arose within the framework of international trade relations.

As a result, the demand for arbitration, especially international commercial, has increased, while other problems have emerged with it, namely, deceit of opponents in arbitration procedures may be a matter, as fraud in itself is a widespread phenomenon in legal relations in general and in litigation and arbitration procedures in particular. Where the parties to the litigation may deliberately manipulate and cheat the procedures in the course of the case or the arbitration litigation when it is held before the arbitral tribunal, or obstruct it to the detriment of the other party, desiring to achieve a benefit to obtain a judgment that he knows is not his right. Fraud may be issued by the arbitrator himself and this is achieved if he violates his commitment to impartiality, and then this research aims to shed light on the idea of fraud in international commercial arbitration, its problems and solutions, and the existence of a system for controlling fraud in the field of arbitration is ultimately a support for confidence in the arbitration system itself, and therefore the research plan has been made with an analytical approach , The first part of the thesis is about the concept of international commercial arbitration, and the second part is about fraud and judicial control over it.