The Law Applicable to the Arbitration Agreement

Arbitration Law Application

The arbitrator or legislator must first ensure, before adjudicating any dispute between any disputing parties, that there is an agreement between the parties to arbitrate in some of its specific clauses. In the absence of an agreed law between the parties, the arbitrator shall establish a law to govern the dispute resolution, known as the law applicable to the arbitration agreement, which we will discuss in detail.

Application of Arbitration Board to the Law of Will

The satisfaction of the arbitration parties with the general principles selected to fully resolve the dispute between the parties is one of the most important things entrenched in arbitration law.

The arbitration procedures fully guarantee each party's right to freely deal with those laws, as the arbitration board respects what is known as the will of the disputing parties and does not contradict this will in the arbitration process.

There are some procedural rules followed by the arbitration board, which it can establish itself, even if it will apply them to itself. There are some possibilities where this right can occur, including:

First Case: The parties to the agreement establish the laws and conditions to be followed directly through a declaration between them, using legal methods for that in case of any dispute between them.

Second Case: The parties to the agreement authorize the arbitration board from the beginning to conclude the laws and conditions to be arbitrated in case of any dispute between these parties, without considering any details related to these procedures.

Third Case: The case in which the parties to the agreement agree to apply any law from the national laws of a specific country, where they see in these laws that they are more compatible with them.

Moreover, in that case, the parties to the agreement may also have the will to subject the arbitration board to some laws that have been abolished and are no longer applicable, so that they become laws that must be applied.

Fourth Case: In that case, international laws can be combined with the laws and regulations of a specific country, making it comfortable for all parties.

The Law Applicable to the Arbitration Agreement

The law here is not different from other laws governing disputes or international judgments that include resolving disputes between agreed parties in case of any dispute between them.

Where the judgment here is primarily for the private will of the parties to the dispute, as many laws have indicated, including the Egyptian and Jordanian laws, to this particularity.

That is, the arbitrator should not be obliged by the contract concluded between the disputing parties with specific arbitration conditions, or the arbitration board should not be obliged by laws that must be applied in case of a dispute occurring after it has occurred, in case a specific state law is chosen.

If the two parties agree that the Egyptian law or others must be applied, it does not oblige the arbitrator, whether the case is in Egypt or elsewhere, but it obliges him to the objective principles of the law.

The Validity of the Arbitration Agreement

The validity of the arbitration agreement is questioned if one of the disputing parties does not wish to resort to arbitration and prefers a different method of resolving the dispute.

Here, the arbitration and its validity are determined based on the full will of the parties. If there is no agreed will from the beginning, arbitration is interpreted here for the country in which the dispute occurred.

If the full arbitration conditions are met, the arbitrator or the arbitration board here are fully subject to the arbitration agreement and the will of the parties in this agreement.