Abstract
The judiciary is the main means of resolving disputes, but with the development of national and international trade and investment conditions, there is an urgent need to find alternative ways to resolve disputes and keep pace with these developments in world trade. Although arbitration as an alternative means of dispute resolution is older than the judiciary, the old concept of arbitration was closer to reconciliation than conciliation. However, the development of arbitration with the development of international trade and the global investment movement, so that most of the laws of countries around the world have devoted a section to the regulation of arbitration and others to the enactment of laws. This development was illustrated by arbitration procedures and the formation of the arbitral tribunal, which was similar to judicial procedures and formations, and then international conventions and treaties strengthening arbitration provisions and ensuring their implementation. It is no longer an exaggeration that international arbitration is no longer an alternative means of resolving international commercial disputes. On the contrary, it has become the main means of resolving these disputes and, unfortunately, has many disadvantages in the judicial system. It is the prolongation of the conflict and the problems and difficulties of implementation.
Highlights
In the face of this evolution and the international appetite for arbitration as an alternative means of resolving conflicts and emerging problems, other means of resolving conflicts began to emerge, especially since arbitration in the United States did not know the progress made by Europe during this period
We show the following: 1. Commercial arbitration is used to settle postponements, because of the freedom of the parties to the arbitral dispute to choose the law applicable to the arbitral proceedings, in addition to the freedom to choose the arbitral tribunal, the law governing the dispute, etc
The choice of law applicable to the proceedings is limited by the fact that the arbitral proceedings do not violate public policy
Summary
In the face of this evolution and the international appetite for arbitration as an alternative means of resolving conflicts and emerging problems, other means of resolving conflicts began to emerge, especially since arbitration in the United States did not know the progress made by Europe during this period. Mediation may take another form of "mediation - arbitration or decision", in which the mediation used to resolve its failure is transformed into an arbitration or decision-making mechanism if the parties to the dispute agree in advance It is well known in Anglo-Saxon and some other countries that one of the characteristics of the mediation mentioned above is that once negotiations are completed, concessions are often made by the parties to the conflict to reach a voluntary settlement, which is generally not valid before any other settlement. Mediators describe the basic procedures and laws that govern the ability of each party to speak, present or present, adapt, discuss unresolved issues, the use of electoral meetings and the confidentiality of deliberations and procedures Following these introductions, each party describes the relevant views on the dispute. The mediator explains that the consent of the parties requires the collective consent of the parties Those who offer the solution
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