Jurisdiction over urgent and temporary matters in disputes submitted to arbitration

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

This research is extracted from a doctoral thesis for the purposes of obtaining a doctorate in law from Mansoura University in the Arab Republic of Egypt, and tagged entitled Urgent and temporary issues in disputes submitted before the arbitral tribunal, where we first address the concept of urgent and temporary issues and the difference between them and the suspected terms, and then discuss the issue of jurisdiction and who is the competent authority to make decisions on those issues, and then it is to indicate the authority entrusted with the implementation of those decisions to reach the desired results and recommendations emanating from That. This research dealt specifically with the issue of jurisdiction over urgent and temporary matters in disputes submitted to the arbitral tribunal, on the one hand, jurisprudential trends related to determining the issue of jurisdiction in decision-making and issuance, and on the other hand, evaluating those trends from the point of view of jurisprudence and the judiciary by comparing French, Egyptian and Jordanian legislation to reach the most likely and appropriate direction practically and scientifically, due to the specificity of arbitration, especially in the latter's special features. Based on the above, several conclusions were reached, most notably that there is no doubt about the possibility and even the need to resort to the state judiciary to issue some decisions in urgent matters despite the existence of the arbitration agreement, given the power of reparation that this judiciary enjoys, which the arbitrator lacks, which led us to support the acceptance of the idea of the trend of joint jurisdiction, and even more than that, it is necessary to allocate an urgent court whose task will be to issue such decisions.

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