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Register a new userArbitrator's authority in the control of the arbitration agreement
سلطة المحكم في الرقابة على اتفاق التحكيم
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تناولنا في هذا البحث، سلطة المحكم في الرقابة على اتفاق التحكيم، فعرضنا لضوابط اختصاص المحكم في رقابة اتفاق التحكيم، من حيث الأساس القانوني لهذا الاختصاص، و العوامل المؤثرة على سلطة المحكم في رقابة اتفاق التحكيم. و بيّنا أيضاً آثار اختصاص المحكم في الرقابة على اتفاق التحكيم، من حيث مضمون هذا الاختصاص و نطاقه.
We dealt with in this research, the subject of Arbitrator's authority in the control of the arbitration agreement, And our offer controls that jurisdiction, in terms of the legal basis for him. Pena also the effects of the jurisdiction of the arbitral tribunal in the control of the arbitration agreement, In terms of the content of this jurisdiction and scope.
References used
Amokura Kawharu, Arbitral Jurisdiction, New Zealand Universities Law Review, Vol 23, December, 2008
Beatrice Castellane, The New French Law on International Arbitration, Journal of Arbitration International, 28(4) 371- 380, 2011
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We dealt with in this research, Jurisdiction of arbitrators in
determining arbitral proceedings. We presented the extent to which the
arbitral tribunal was free to choose procedural law and how to choose
procedural rules. We have also been exposed to restrictions on the
arbitral tribunal's freedom to determine procedural law.
The principle of the arbitral tribunal’s competence by adjudicating the validity of its jurisdiction, known as the principle of competence by jurisdiction is one of the most important principles in the framework of international arbitration and one o
f the most accurate. This principle has sparked many controversies despite its almost complete recognition of contemporary legal systems related to arbitration. Directly for the independence of the arbitration clause from the original contract, and the issue of transferring jurisdiction from formal courts to the agreement courts is one of the most important positive effects of the arbitration clause, as the arbitration tribunal replaces the judiciary in settling the dispute subject of the agreement, so there may not be a judicial vacuum as a result of giving up The judiciary is not performing its role, but rather it is replaced by the consensual judiciary chosen by the parties to adjudicate their dispute. The researcher relied on the descriptive and analytical approach of the legal texts and articles related to the principle of jurisdiction over the jurisdiction, the researcher reached many results, the most prominent of which were: The Syrian Arbitration Law approved the principle of competence with jurisdiction, where the Control Panel decides on the defenses related to its lack of jurisdiction, including the defenses related to the absence of an arbitration agreement or Its fall, nullity, or lack of inclusion of the subject of the dispute, and the positive effect of the principle of jurisdiction over jurisdiction in the jurisdiction of the arbitration judiciary in deciding on the issue of its jurisdiction alone, so that the state’s jurisdiction is not expected to be granted this power and the negative effect of adopting the principle of jurisdiction is the jurisdiction before state courts, where it is required that These courts shall refrain from considering or broadcasting any lawsuit that creates the arbitration clause or its validity, or directly on the subject of the dispute despite the apparent validity of this condition before the arbitrators say their word in it.
This research attempts to study the rule of the popularity supervision (control) in
Islamic Jurisprudence.
The study shads light on the Jurisprudent's (opinions) in this subject , and all them
agreed that it (the popularity supervision is collecti
ve duty to be at the shoulder of
society persons (individuals).
The research explains the evidences in the Quran, the traditions (hadith) and the
statements (sayings) of Companions of the prophet Mohammed.
Then , the research clarifies (explicates) the methods (ways) of achievement .
(accomplishment) the popularity supervision.
And Finally, The research study the history of rise (formation) of the popularity
supervision and the manner of development its across (over) the ages.
The public administration powers means, the legal means
that the administration has in the stage of executing the contract
which would make the contract achieve the purpose for which it was
concluded. When the public administration contracts with
an
individual and becomes a helper, it does not waive nor may it
waive, the rights and privileges of public authority, Enjoy them as
functions exercised under common law.
The study aims to examine the extent of Syrian Auditor awareness for the factors
affecting the Internal Control Risk. For this purpose, a field survey conducted using a
questionnaires a sample of Auditors with whom the Researcher had contact. A num
ber of
\56\ questionnaires were distributed, out of which \34\ were filled and returned back to the
Researcher. Data analysis showed the following:
There is a consensus on the clauses covering the three aspects of the Internal Control
Risk : (Control Environment, Accounting System, Control Procedures); additionally, there
is a kind of reservation by those auditors about many statements regarding to the Control
Environment which are: methods of determining authority and responsibility, policies of
individuals management and training programs set for them, and external influences
affecting enterprise's operations and policies.
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