THE IMPORTANCE OF SELECTING AN ARBITRATOR AND THE PROCEDURES FOR HIS RESPONSE
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Abstract
The will of the parties involved plays a significant role in selecting the arbitrator or arbitration institution that will resolve disputes arising from their contractual relationships. The parties may choose arbitrators who possess expertise, particularly in areas such as technology contracts and other medical and engineering specialties. Additionally, the fundamental quality and reputation of these arbitrators for neutrality and independence in performing their duties is crucial. It is also essential that they are of legal age and enjoy full civil and political rights. Some modern legislations require that the arbitrator be of a nationality different from that of the disputing parties. Moreover, the parties may address the issue of recusal of the arbitrator in the arbitration agreement or under the applicable procedural law if there exists a reason that may affect the arbitrator's neutrality and independence.
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References
. Dr Mounir Abd ell Majid, General Principles of International and Domestic Arbitration. Police Press, 2005.
Dr Fawzi Muhammad Sami, International Commercial Arbitration, Dar Al-Thaqafa, 2008.
Dr Asaad Fadhil Mandil, The Provisions of the Arbitration Contract and Its Procedures, Zain Legal Publications, 2011.
Dr Muhammad Kola, The Development of International Commercial Arbitration in Algerian Law, Baghdad Printing House, 2008.
Dr Fathi Wali, Arbitration Law, Al-Ma’arif Establishment, first edition, 2007.
Mrs Asma Sayyid Ahmad Abdullah Ismail, The Concept of Neutrality and Independence of the Arbitrator. Article published in the Law Journal.
Dr Lazhar Ben Said, International Commercial Arbitration, Dar Houma, second edition, 2014.
Dr Nadia Muhammad Maawad, International Commercial Arbitration, Dar Al-Nahda Al-Arabiya (Cairo), 2001.
Muhammad Mokhtar Ahmad Labarbi, International Commercial Arbitration, Dar Al-Nahda Al-Arabiya, third edition, 2004.
Dr Touma Klay, Arbitration and Alternative Dispute Resolution Methods, Global Arbitration Journal, Al-Halabi Legal Publications.
Wassim Hossam Al-Din Al-Ahmad, International Treaties and Agreements on Arbitration, Dar Ghaida, first edition, 2019.
Dr. Hiwa Ali Hussein, Commercial Arbitration under the World Trade Organisation, Dar Al-Kutub, 2019.
Youcef Hassan Youcef, International Arbitration, Al-Wafa Legal Library.
Legal Journals
Global Arbitration Journal, Al-Halabi Legal Publications.
Legal Journal (A specialised journal for legal studies and research), Volume 13, Issue 5, published August 2022.