Arbitration is an alternative form of dispute resolution in which the person who rules is an arbitrator that was appointed by the parties involved or according to the courts decision.
Unlike normal court procedure where all parties are obliged to strict rules and regulation the arbitration procedure is less formal since unless it was stipulated in the arbitration agreement the arbitrator is subject to the procedural law and the evidence law.
The arbitrator has the following authorities:
- Allowed to give any remedy that the court is allowed to give.
- The arbitrator has the same authority as the courts regarding witnesses summons.
- The arbitrator is certified to sit in judgment and to rule in the absence of one of the parties which were summoned.
- The arbitrator in certified to instruct on documents & questionnaire disclosure and certified to appoint an expert in any stage of the sitting after he allowed the parties the right of plea.
- The arbitrator is permitted after warning one of sides that for no justified cause have failed to comply with the arbitrator’s order, to dismiss the law suite or the statement of defense.
- The arbitrator will operate in the way that he sees fit for a fast and just decision.
The turning to the arbitration institute will be only in according to both sides agreement, the arbitrator decision is obligating to all the parties and is subject for cancellation only if one of the following reasons:
- There was no arbitration agreement in valid.
- The arbitrator was appointed not according to law.
- The arbitrator was acting without authority or with exception from it.
- One of the parties was not given the right to bring forth his\hers evidence.
- The arbitrator did not decide on one of the matters which were given to him.
- It was stipulated in the arbitration agreement that the arbitrator will provide explanations for his decisions and he did not do so.
- It was stipulated in the arbitration agreement that the arbitrator will rule according to the law and he did not do so.
- The arbitrarily verdict was given pass the time of which it was supposed to be given and one of the parties announced to the arbitrator prior the verdict that he saves himself the right for such claim.
- The content of the verdict opposite with the public ordinance.
- There is a reason according to which the court would have canceled the arbitrator’s verdict such as a verdict which was given by fraud.
The grounds for dismissal are very limited. Normally these grounds are not intended to check the content of the verdict or criticize it but to check the intactness of the arbitrarily procedure.
The arbitrator’s fee:
The fee will be determined according to the arbitrator’s demand.