Arbitration is a legal instrument for the settlement of domestic and international disputes. It has been regulated in Libya under the Civil and Commercial Procedures Act under Chapter Four on Arbitration, in addition to legislation on arbitration in most countries and international conventions governing the recognition and enforcement of arbitral awards. Such as the 1958 New York Convention on Arbitrators' Provisions and its Implementation, adopted by the United Nations Conference on International Commercial Arbitration, held in New York from 20 May to 10 June 1958, and the United Nations has sought to standardize the rules governing arbitration by adopting international trade law (UNCITRAL) ), And recommended to all States for adoption What is international arbitration?.
In light of this wide international interest in arbitration, a large number of international and regional arbitration centers have emerged. Alternative arbitration is considered the most appropriate for the formal judiciary, meaning that it terminates the dispute by a decisive arbitral award that can not be challenged in any way. Arbitration is a legal instrument based on a special dispute settlement agreement Between Contracting Parties in civil and commercial matters. Arbitration can be exercised only by the free and free will of the parties expressly expressed in the arbitration agreement to terminate their dispute away from ordinary courts and in accordance with special provisions. Arbitration may be implicit, through the parties' acceptance of the terms of the model contract included in the arbitration clause, and may be expressly made explicit through the agreement to seek arbitration from the inception of the contract under an arbitration clause to resolve all disputes that may arise when the contract is executed or interpreted or Other dispute related to the contract. The agreement to resort to arbitration after the dispute has already been agreed is then agreed to terminate this dispute by arbitration in short time and to prevent the quarrels and save the effort, time and money through the economy of expenses, etc.,
which is then called arbitration agreement. The arbitration period has spread to all countries of the world to play an effective role in the settlement of disputes between nationals of one state or at the level of international trade transactions. The arbitration system has a clear and clear philosophy and idea of consenting the parties and agreeing to delegate individual or individuals Who are appointed to settle a dispute that arose between them either from a contractual or non-contractual relationship, through a binding and enforceable provision by the members of the public authority of the State. The arbitration system presupposes the agreement of individuals to extract jurisdiction from the courts of the state and not to submit the dispute to them under a joint agreement, and as long as it is agreed to resort to arbitration, one of the parties to the dispute may not initiate and submit the dispute to the state courts, Between the parties in terms of offering the dispute to arbitration where the original is "contract contract law". The arbitration also presumes that individuals have the confidence and knowledge of the arbitrator's personality or the arbitrators chosen to adjudicate the dispute. The arbitrator's personality is not imposed on the litigants. Rather, this choice is made on the positive initiative of the litigants and on the personal confidence of the arbitrator. The arbitral tribunal is of an individual number, whether one or three, for example. If the arbitral tribunal is composed of three arbitrators, each party chooses an arbitrator and the two arbitrators agree to choose the third arbitrator.
Libyan Center for International Commercial Arbitration