تفاصيل الرسالة العلمية

This study aimed to indicate the role and effectiveness of arbitration in resolving disputes arising from the FIDIC Contract and indicate the ability of arbitration to resolve disputes that occur between parties to the FIDIC contract through viewing arbitration in FIDIC contract and review of the formation procedure of the jury and their decisions issued by them. The most important findings of the study is that the arbitration in the FIDIC contract gives the freedom of parties to choose arbitrators and the place of arbitration and applicable law and define the institutional center, who is arbitration leads . Any of the parties to the contract can not resort to arbitration if the conflict occur , except after passing by phase of showing the dispute on the consulting engineer and council of settlement of dispute and during certain periods , except in the absence of the council or in the expiry of his appointment . The study recommended the creation of a unified formula for the organization of the arbitration in FIDIC contract by international convention organized by international engineers union to determine the arbitration centers and formula of its work and control on it, and give the jury mandatory characters , As well as giving the judicial powers of the arbitration, such as rogatory and must develop a special system to punish the party that prejudice arbitration through economic sanctions by the international trade organizations. The study also recommended the unification of the implementation of the provisions of the arbitration proceedings in all countries through an international agreement to regulate the implementation of the provisions of the arbitration internally and externally alike and setting up training courses to prepare arbitrators at a high scientific level and the ability to manage the arbitration courts.