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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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