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The nature of the relationship between the Arbitral and the National Judiciary A comparative and Analytical Study | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 25, Volume 14, Issue: 1 part 1, March 2024, Pages 753-785 PDF (944.98 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.141970.1038 | ||
| Authors | ||
| Avan Muhsin Rashid* 1; dahir majeed qadir2 | ||
| 1Erbil court | ||
| 2كلية القانون- جامعة صلاح الدين- أربيل | ||
| Abstract | ||
| For the development and prosperity in the world, especially in the field of trade and investment , olso the large number of cases before the courts, which has become one of the reasons for the delay in resolving and wasting time and other problems created in this field, which prompted people to search for another way to resolve disputes between them, and this means is arbitration taken as a means of settling disputes between persons and taken by peoples since time immemorial, which is the auxiliary judiciary of the judiciary Normal. The foreign arbitration award is the judgment issued by the arbitrator or arbitral tribunals in a country other than the one in which enforcement is required, and there is a relationship between the foreign arbitration award and the national judiciary from multiple aspects, including taking temporary and precautionary measures and implementing the foreign arbitration award And the selection of arbitrators, arbitration agreement and arbitral procedures, and the type of this relationship that has become the subject of controversy and dispute, from the jurisprudence of those who considered it a dependency and another recognized as an independent relationship, except through a statement and study of all justifications showing that they differ because they are complementary to each other. | ||
| Keywords | ||
| national judiciary; ،arbitration judiciary; ،arbitration independence; ؛; ،arbitration subordination | ||
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