سلطة المحكم في إعادة التوازن العقد في العقود التجارية الدولية Arbitrator's Power to Restore the Nodal Balance in International Commercial Contracts

نوع المستند : المقالة الأصلية

المؤلفون

Faculty of Law - Applied Sciences University - Bahrain / Faculty of Law - University of Jordan

المستخلص

National legislation on arbitration and the rules of procedure of arbitration centers did not
address the powers of the arbitrator in relation to the change of circumstances, and under this legislative
vacuum the arbitral tribunal sought to find a legal means enabling it to intervene in the contract in such a
way that the arbitrator could restore the contractual balance of the contract under a change
circumstances, the parties ' initiative has contributed to the drafting of its contracts in such a way as to
make the review of the contract a contractual obligation to promote the idea of coping with changing
circumstances and impeding the implementation of the Decade, and since such practices are in direct
contact with the most important principles of the Decade, namely the Paciservanda principle and the
principle of the implementation I am not afraid that it is important to examine the legal basis for the
arbitrator's intervention in the contract to restore his nodal balance and to prevent its dissolution and to
terminate in line with the purposes of international trade, as well as the need to shed light on the scope
and impact of that authority depending on the nature of the undertaking and the form of arbitration
adopted for the settlement of disputes.

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