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State Laws & Rules > Arbitration and Reconciliation Laws
 
  Civil and Commercial Procedure Code
Chamber of Commerce & Industry
Judicial Arbitration
 
 

2. Judicial Arbitration-Civil and Commercial Articles, 1995
In view of the considerable importance of the arbitration mechanism and to avoid defects in the scope of judicial arbitration panels, the Judicial Arbitration-Civil and Commercial Articles, 1995 (Law No.11 of 1995), was promulgated.

The 1995 Acts promulgates the formation of one or more Arbitration Panels to be set up at the seat of Court of Appeal duly comprising 3 judicial men and 2 arbitrators, each of whom shall be nominated by each of the disputing parties, from among those arbitrators duly listed in the Roll which is kept at the Arbitration Department of the Court of any of Appeal or among such others. The appointment of Judiciary-men arbitrators shall be made under a Resolution issued by the Supreme Judiciary Council for a two year term of office, with effect from the date such a resolution is issued.

The Arbitration Panel shall have the jurisdiction:-

a) to determine and render arbitraments on the disputes the litigant parties concerned have agreed to bring before it.

b) It has the exclusive jurisdiction to determine on the disputes arising between the Government Ministries, Authorities, Public Corporations and the Companies whose capital is fully owned by the State-Government or between all such institutions.

c) It has the jurisdiction to determine on arbitration applications and petitions submitted by individuals or private firms against Government Ministries, Authorities, Departments or Public Corporations regarding disputes arising between them, unless the relevant dispute was already brought before the judiciary.

The Arbitration Panel shall determine on all primary issues brought before it which are within the competence of civil and commercial judiciary as well as determining on the relevant rebuttals and pleas to its jurisdiction.

The Arbitration Panel's award or verdict shall be passed at the majority opinion, duly pronounced in an open sitting after relevant Notice served to both the parties. The awards, arbitrament and verdicts rendered by the Arbitration Panel shall have the force of adjudicated order, which shall be enforceable in conformity with the proceedings prescribed in the Civil & Commercial Procedure Code.

 

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