THE JUDGE'S ROLE IN OVERSEEING THE ARBITRATORS’ WORK: IN THE OMANI AND EMIRATI MODEL

Abstract

This descriptive, analytical study discusses the judges’ role in monitoring the arbitrators’ affairs, according to the Omani and Emirati judiciary. The problem arises; in many problems that arise over the judges’ role in observing the work of arbitrators, as the Omani and Emirati legislator followed judicial oversight of both previous and subsequent arbitrators’ work, with measures that permits the two laws to judicially interfere with the arbitrators’ actions, whether that intervention is complementary, or for the judiciary to be obligated to intervene in cases approved by the legislator, which were brought in exclusively after the award of the arbitration. The research objectives are: to discuss the legal controls that govern the interference of the judiciary in forming the arbitration board. And a statement of the legal system that governs the response of members of the arbitral tribunal, and the extent of the judiciary’s authority in the arbitration board’s participation in the arbitration litigation procedures. The comparative descriptive analytical method was adopted. The findings revealed that: The Omani and Emirati legislators granted freedom to the parties to arbitration, in the formation of the arbitration panel, to choose the arbitrator to separate the discounts. The arbitration panel has a specific privacy provision within the framework of the arbitration law. The role of the judiciary in activating the negative impact of the arbitration agreement is not from the public order, but rather depends on one of the parties filing a case.