The legal nature of the international commercial arbitrator's work and its impact on his liability (Comparative study)

Authors

  • Abdel Karim Bouhamida University of Ghardaia, Algeria
  • Daheur Guesmia University Center Illizi, Algeria

Keywords:

Commercial arbitration, legal nature, dispute resolution, conflict of laws, arbitration litigation, immunity of arbitrators

Abstract

Arbitration is one of the most important legal and amicable means that the parties have resorted to to resolve international disputes related to commercial transactions, especially in recent times, in light of the rapid economic transformations that indirectly obliged the parties to resort to alternative methods to settle existing disputes in this field, where it gives freedom to the parties to choose their arbitrators instead of resorting to the judiciary to resolve the dispute, which may take time and burden the judicial authorities in that, on the one hand, and on the other, preserving the economic components in commercial transactions with the aim of amicable association, and thus controlled economic growth. The arbitrator is considered the source of its success or failure, as his function is similar to the judge and the just judge, so he may have multiple powers, as well as responsibilities for it, which is what is taken by various jurisprudential and legislative theories from different sources. In the end, it is considered the best way out of such disputes, which necessitates the need to tighten its provisions, composition, protection, and, in return, assigning responsibility to it in order to advance the international trade field with incentive guarantees in resolving its disputes by alternative methods.

Published

2024-12-07

How to Cite

Bouhamida, A. K., & Guesmia, D. (2024). The legal nature of the international commercial arbitrator’s work and its impact on his liability (Comparative study). International Journal of Economic Perspectives, 18(12), 2323–2340. Retrieved from https://ijeponline.org/index.php/journal/article/view/777

Issue

Section

Peer Review Articles