Year:2022   Volume: 4   Issue: 4   Area: Psychology

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  3. ID: 558

Ahmed Mousa ELDABY

THE STATE’S REFUSAL TO PAY ITS JUDICIAL AND EXECUTIVE IMMUNITY “BEFORE FOREIGN COURTS” (AS AN EFFECT OF THE ARBITRATION CLAUSE IN DISPUTES ARISING FROM GAS AND PETROLEUM CONTRACTS)

Arbitration is not a heresy of the judiciary, rather it is the origin of the judiciary, which grew up and wore its long robe, and achieved its purpose, before there was the judiciary organized by the ruling authority in its diversity and development throughout the distant history of human justice. This did not prevent arbitration from remaining also as another reference for settling disputes, but without formal procedures maintained by the judicial courts, at the lowest cost and in the least time than it takes to review the courts. Arbitration takes away the jurisdiction of the courts, and it is “a system that aims to find a solution to an issue related to the relations between two or more parties - that is, the arbitrator or arbitrators - and they derive their authority from a special contract on which they rule and decide on the basis of which the state has no involvement in discharging this function.”.

Keywords: Arbitration Clause, Judicial Immunity, Executive Immunity, Petroleum, Natural Gas.

http://dx.doi.org/10.47832/2717-8293.18.24


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