سلطات القاضي الوطني على قرارات التحكيم التجاري

Résumé: Abstract: Economic dealers prefer to resort to commercial arbitration, given the advantages it offers them compared to the state’s judiciary, as well as guaranteeing the rights of both parties. Nevertheless, resorting to arbitration does not put the arbitration dispute completely away from the state’s judiciary. The national judge, through the Civil and Administrative Procedures Law, has important powers in the commercial arbitration process, to complement the shortfall known to arbitration, as these powers emerge as follows: The authority to assist during the arbitration litigation and conduct to contribute to the arbitration procedures and can be monitored as follows: Appointment of the arbitrator in case of abstention One of the parties for that or on the occasion of the formation of the arbitration court, or in the case of taking provisional and precautionary measures, or submitting evidence, or in the event of the arbitrator’s response. Finally, the national judge plays the authority of the observer after the issuance of the commercial arbitration decision to recognize it and give it the executive formula after confirming the legal conditions. On the other hand, exercising control by appealing the commercial arbitration decision, in several ways: the appeal for nullity, the appeal against the appeal, the appeal in cassation. ..etc And that the decision issued by the arbitrator is not implemented except by an order issued for its implementation by the state’s judiciary, the same with regard to the appeals submitted against the arbitrators’ rulings, as the state’s judiciary is competent to consider it.

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