Abstract
While arbitration is based on the principle of independence, judicial interference plays a vital role in forming the arbitration panel for the sake of fairness and stability. Even though party autonomy is considered the core of arbitration, most disputes regarding the composition need judicial oversight to maintain integrity in the arbitral awards. This is the judicial intervention in the formation of an arbitration panel under Palestinian legislation, including a comparison with the Egyptian arbitration laws. This paper describes and analyzes, in a comparative perspective, how the judiciary exercises its powers upon request to constitute the arbitral tribunal and the additional plenary role in preserving fairness and procedural order. The findings reveal significant differences in judicial involvement across the two jurisdictions. The study recommends limiting judicial intervention to necessary cases to preserve arbitration’s confidentiality and independence. It also calls for the acceptance of the odd-numbered rule concerning arbitration panels in Palestinian legislation for greater procedural coherence and legitimacy.
Published Version
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