Civil Liability of the Commercial Court for its Arbitral Mistakes (Comparative Study in Jordanian Law and Egyptian Law)

Abstract

Commercial arbitrator is one of the pillars of arbitration as a tool that drives the arbitration process, so eating this research subject affects people arbitrator and commercial function, and this responsibility may not be raised in most forms only and closed the arbitration process, and initiate the aggrieved party to file a claim of responsibility. Therefore it was necessary to define the concept of arbitration and the arbitrator and the statement of the advantages and disadvantages of arbitration, And the conditions that must be provided in a commercial arbitrator, and the scope of civil liability for commercial arbitrator statement through civil liability cases for reasons due to a breach of a court or legal obligation, as well as a statement of liability cases for reasons due to a breach of a contractual obligation or agreements. Then, the researcher suggested some of the results of the most important that the arbitrator of trade cannot be immune from civil accountability, as long as that business has has been marred by bad faith and deed, mayors and that led to the creation of damage, as well as made some recommendations to the legislator Alorna and Egypt in the hope of taking out .