الفهرس | يوجد فقط 14 صفحة متاحة للعرض العام |
المستخلص At first we have to stress that anyone living in the contemporary world can not deny the extent of what reached international trade have reached movement of progress and prosperity. We can say that it is clear to us and became clearer with the increasing of contractual relations, which belongs to the international trade community. In fact, progress and prosperity stems essentially from scientific and technological progress that has strongly occurred on the newly human. This scientific and technological progress, which is the emergence of modern methods, which helped a lot on the conclusion of a contract between two people each live in a different country or continent other and exchange of goods and products and pay for it without seeing each other. The most important of these methods, and the most notably at is all the World Wide Web or the Internet. Because of this progress that has occurred on the business processes and contractual relations and the methods also have a special nature. It became necessary to extend this progress and development to the legal mechanisms which belong to or such operations from near or far. Hence the system of international commercial arbitration to be judicial system competent to hear disputes that arise - - because of an occasion of execute the international trade contracts. In fact, the inauguration of the international arbitration system for trade contracts disputes, particularly the international ones by the parties due to the many advantages contained on this system, such as speed in the termination of the proceedings and take the decision which finish the dispute, and to maintain secrets of disputes and its parts. And the other features appropriate to the nature of this dispute. And had to make so many and multiple studies on this system, which is a novel considered and rightly as a new arbitration for relations and international commercial contracts. Among these studies, is the study which we are discussing and it entitled ”Application of international arbitrator of the habits and customs of international trade.” This study aims to make a try to unify the rules applicable to contractual disputes raised in front of international arbitration through commercial customs to avoid the big defect which imbalance by national Judicial systems. This study contains an introduction, an introductory chapter, and two chapters. As for the introduction: we’ve fast progress and evolution in the international trade and movement styles that are making us need to interfere in the development of legal mechanisms to which use by all parties with each other. - - Also the importance of the system of international commercial arbitration in this regard and its role as a judicial system novelty for such relationships, so it raised in mind a very important question which is (Is this system is empty exoskeleton only with no content from the inside)? This means that the system has its law, which governs the arbitrators in the disputes or is it something else. Also I talk about the customs and international trade norms and whether legally unfit to become a unified and binding guide to arbitrators when offering them a dispute related to international commercial contracts? The introductory chapter: I divided it into two sections: first Devoted to the definition of international commercial arbitration. The second is the definition of international commercial arbitration. As for the definition of international commercial arbitration. I defined it after listing many definitions of the scholars as ”an alternative system like the national judicial system in terms of adjudicating disputes but optional for parties rivalry and must be binding to them and each has an interest of governance.” Also I mentioned many of the opinions that have discussed the legal nature of the arbitration system is a judicial system or is it a contractual system or is it a different nature. - - from my personal view in this regard that this system is judicial system approved by the state and the state arranged its using. As for the second part, which is the definition of habits and customs of international trade. I have mentioned the definition of the habits and customs of international trade as a ”set of rules resulting from international trade transactions, which continued to work out and even became difficult and uncommon off them and violating it has the prestige of legal rules binding in a society of international trade.” Mentioned the possibility of arbitrator to use the habits and customs of international trade, and after research found it difficult in the presence of the current steps, which abide the arbitrators when they are going to look at the dispute, its necessary international arbitrator to find a clear details in the application of the customs and norms of international trade. We felt is was necessary to be easy and accessible way for arbitrators when. They in connection with any dispute consideration for the application of customs and international trade norms and because they are the fittest and most appropriate in order to become a unified and binding law for relations and international commercial contracts. As for Part I: We exposed the relations and international trade contracts and its private nature. (Chapter I). And the - - validity of customs and international trade norms to be unified and binding law to international trade. (Chapter II). As for the relations and international trade contracts (Chapter I) has been shown to us. That is has her private self and nature which differentiate it from the rest of the contracts and internal business relationships and the necessary to have its own judicial system, which contains law with special nature. In the second chapter, which regard to the validity of commercial customs and traditions to be uniform and binding law to the international trade. In this chapter, we have explained the practical importance of the commercial habits and customs in the area of international trade. We explain also the role of international commercial arbitration in creating such habits, customs and we reached to the fact that these habits and customs are valid to become a unified law to international trade after giving more mandatory to give the force of law to such habits and customs. As for the second chapter: The need to a uniform law to govern international trade relations. I divided it into two parts first is the effects for international trade relations and arbitration system when there is no uniform law. In this chapter, we discussed for many of the problems that have emerged on the international business arena affected by the absence of a unified law. These problems, which is in the - - manifest and obvious impact on the international arbitration system such as the impact on the arbitrator’s impartiality and the absence of a unified law and the credibility of the arbitration system itself and also we can not forget the problem of implementing the provisions of the arbitration and the clear influence by the absence of a unified law. The idea of public system and its relevance to the subject of implementation and their relationship to national and international legislation. As for the second chapter: in which we explained the need to develop an extended international agreement to establish the habits and customs of international trade as a uniform law. In this chapter, we’ve provided some reasons for the importance of an international agreement convention to the rules applicable to international trade disputes and these reasons are represented and aimed to facilitate the task of the arbitrator is in the process of selecting the substantive. law which he will apply on the dispute. And also unify the applicable rules to international trade disputes. Also we demanded a simple perception to be placed in to this Agreement, by placing some important rules that should be included in this agreement. |