Avantages of arbitration and the alternative means of dispute resolution
The arbitrator has the flexibility to allow arbitrators to form it properly, and gives the parties full freedom to choose arbitrators who conduct the arbitration process themselves. The arbitrator has a great ability to manage the dispute resolution process and a reasonable area of freedom of access to fair judgment without a formal formal system or system Legally binding. On the other hand, speed in resolving the dispute is an important feature of arbitration. It is clear that the judiciary suffers from a defect that is always associated with it. It is one of the most severe defects that it suffers from. It is the very slow pace in resolving disputes and resolving cases. It is not easy for the judiciary to adjudicate in a short time in cases brought before it, except after a period of several years, often leading to a slow separation of the dispute by recourse to the judiciary, which is separated only after a long period of time, , Even if the judiciary achieves justice, a slow justice may not reach its owner The laws of arbitration and its regulations and charters usually specify a specific time for resolving the dispute. The arbitrator is committed not to exceed it when issuing his judgment. One of the characteristics of arbitration The speed of adjudication of disputes, flexibility and expenditure economy The parties can agree on the law to be applied and on which the dispute will be settled. This helps to resolve the problem in the case of parties from different countries or the presence of foreign states and organizations as parties to the conflict where the law is chosen. Which will be applied, and does not impose the law of a particular state to settle the dispute Judging by experts in specialized fields in the subject matter of the dispute, since arbitration does not require that the arbitrator has a certificate of law, as in the case of the judiciary, as some differences require experts in certain areas to be separated There are greater opportunities for resolving disputes by means of conciliation where the members of the arbitral tribunal are chosen by the parties to the dispute to resolve the dispute Ensures the confidentiality of dispute resolution procedures, ensuring that trade secrets that may pose a threat to their intellectual property rights are not disclosed To reduce the burden of the judiciary in terms of non-return in all disputes that may arise The arbitration gives the parties the freedom to choose the persons to be adjudicated in the dispute, which will lead to reassurance In general, arbitration is characterized by speed, experience, flexibility, confidentiality, maintaining the relationship, achieving friendship and avoiding hatred and hatred among the adversaries, maintaining the good relationship between relatives and solving the problem of fear of mistrust in the state and applicable law and providing reassurance to large multinational companies. And gives freedom to choose the doctrine of jurisprudence and provides a way out of the issue of conflict of laws and gives the opportunity and freedom to choose the place of arbitration .
Libyan Center for International Commercial Arbitration