The extent to which a national arbitration award is subject to trial appeal “Comparative study”

Appeal to retrial

Abstract

       The arbitration system is characterized by speed and achievement in settling disputes, and shortening the time and procedures. However, the arbitral tribunal may issue a ruling, and then it becomes clear later on that there are evidence or documents that have been forged or fraudulent, and on which the judgment is based. Herein lies the problem. Can the parties in this case apply for a retrial of that ruling? In the event that it is legally allowed to appeal the court’s return to the arbitration ruling, then is the authority competent to re-trial the arbitration panel itself or the competent regular court? This leads us to study this topic and research it in depth, with the aim of clarifying the sound legal procedures that must be followed in order to initiate this unusual challenge, both in terms of jurisprudence and law. This comes in light of the reluctance of many comparative arbitration legislation to regulate this issue. Accordingly, this research, through the comparative approach, dealt with the legal position of the Palestinian and Arab legislators from the extraordinary challenge to the arbitration award, its cases and procedures, with a view of the position of some comparative Arab and foreign arbitration legislation, through four sections. This research concluded that the current Palestinian legislative organization for challenging the arbitration ruling, as well as the matter in many Arab legislations, is insufficient, and it should be developed and amended in light of the discrepancy and differences of comparative legal systems about its permissibility or not. The researcher recommended the Palestinian and Arab legislators to explicitly stipulate the possibility of re-trial against the arbitral award similar to some comparative arbitration legislation, organizing its procedures and cases, and defining the authority concerned with its consideration, in a manner commensurate with the arbitration system.