IMPLEMENTATION OF THE PROVISIONS OF FOREIGN ARBITRAL AWARDS BETWEEN THE THEORY AND PRACTICE

Abstract

Arbitration has become the usual and preferred method for settling disputes, particularly those arising in the context of international trade, as the result of a process of arbitration is the arbitration decision and that decision becomes of no value if it remains just words written are not enforceable in other country that issued them. Was to be the implementation by States of foreign arbitral awards after giving nature the national executive, and within the frameworks and specific conditions stipulated in international agreements concluded in this regard and also organized many of the national legislation.
And the rule of foreign arbitration is a judicial action has the characteristics of the provisions issued by the regular courts in terms of the authoritative thing adjudged for the conflict that divided the person into the refrain with him on one of the parties to resort to other judicial authority after the ruling, arbitration award, it was not necessary to study the formal requirements of the rule foreign arbitration, then the mechanisms for implementing the provisions of foreign arbitral proceedings, whether by the new system and the system of the execution order, and then study the cases of refusal to the implementation of foreign arbitral awards.