Growth of International Trade and the Complexity of the economic interests
The growth of international trade and the complexity of the economic interests , the communications revolution has made the world one village, as well as the ease of movement of capital in the form of a huge investment and the emergence of new types of international contracts , such as contracts for the transfer of technology construction contracts international trade contracts , contracts for air and maritime transport , land and insurance contracts and contracts of banking all that created the urgent need to develop a mechanism of international commercial arbitration to be the most effective means and appropriate and even the safe haven for reference in the resolution of any dispute arise between the contracting parties so that became reality arbitration is a raw important in the field of business development and even most of the contractors insist on arbitration for the reasons mentioned above away from the national judiciary and procedures.
The International Commercial Arbitration has Become of Worldwide Reputation
In addition, a lot of sources relevant to the subject of arbitration have agreed that arbitration plays a prominent and essential role in the development and formulation of special professional collaborative law concerning international trade, meanwhile, the international commercial arbitration has become of worldwide reputation. It also somewhat overcame the lack of confidence caused by the different economic and political systems for clients with international trade. Thus, arbitration has become a necessity imposed by the reality of international trade and is no longer limited to the role of resolving disputes after they arise.
Arbitration is the Most Rapid and Effective Means to Resolve Disputes
Arbitration is considered one of the most rapid and effective means to resolve disputes that arise between old adversaries and it’s ancient as defined by the ancients in all the successive eras of civilization.
Arbitration as Language
Arbitration as Language: Arbitration is taken from the article rule, which is prevention, and the first prevention rule is to prevent injustice, which means the mandate and the rule of So and so on as well as if you commanded him and authorized him to judgment, and judgment in the matter arbitration ordered him to be judged, and sentenced the man emphasizing delegated power to him, and ordered him to be judged therein. Intended mandate to rule is taken from the judgment become ( an arbitrator ) in his rights , ( arbitration ) if you make the judgment it upon it. And arbitrated themselves, ordered him to judge in the matter, that means made him arbitrator among them.
Arbitration Religiously and Idiomatically Means
Arbitration religiously and idiomatically : means , rivals for inauguration judgment governs them, any choice for stakeholders or more persons to rule on dispute it without the arbitrator mandate of eliminating them , and then the jury legitimately mean the inauguration and tradition on both sides of rivalry for the third to arbitrate in dispute . As some believe that arbitration is " the agreement to put the conflict on a particular person , or persons to arbitrate without the competent court based on arbitration opponents to release resort to the judiciary with their commitment to put the dispute to an arbitrator or more to arbitrate it by virtue of binding opponents ."
Word Arbitration is Agreed upon by the Parties to the Dispute
The Article IV of the Egyptian arbitration law signals that the word arbitration is agreed upon by the parties to the dispute Free willing whether the party that holds the arbitration proceedings , in accordance with the agreement of the parties , is an organization or a permanent center for arbitration or not.
Arbitration is a Series of Actions
As already mentioned , we conclude that arbitration is a series of actions begin by choosing disputing a neutral party to assign a task of adjudication of their dispute and agreed in advance to disembark when it deems final solution to the conflict , and relevant they accept of that judgment for that task have been assigned to issue in the dispute judgment serve as a its judgment in this matter .
Arbitration is a Series of Actions
The arbitration has passed through three stages till crystallized its importance in our time, so it is worth referring to those stages before talking about how much arbitration enjoy off by the importance in international trade , in particular, where we can talk about the historical origination of Arbitration in three stages :
First stage: arbitration as a substitute for courts.
Historically, the idea of power - based on public affairs of individuals and the state together, and to identify the three core power in the form of the judiciary , the executive and the legislature, which had not appeared and settled as is the case now in the modern state , also the state hasn’t engaged yet for its responsibilities in ensuring justice in society , so there no way for of the individual to get his right expect by himself, and it was necessary to entrust a third person in finding a solution to the dispute , and that third person is either chosen by the parties or who has influence in the community or with qualifications and qualities.
Arbitration was a Truce to Avoid the Practice of Individual Justice
In that period, arbitration was a truce to avoid the practice of individual justice, and served as the only possible way to resolve disputes by peaceful means , which is considered by some the highest stage of development reached by innate groups, where the idea stabilized of arbitration in the minds of people and were accustomed, even entrenched as habit inherent in them . But that was not compulsory; rather it was optional the implementation of the judgment is up to the disputants.