Legal adaptation of the arbitrator's work: Comparative analytical study

الملخص

This research investigates the characterization of arbitrator’s work; it starts with demonstrating what does an arbitrator mean, itsdefinition, mentioning its conditions, its duties, and stating its contract and judicial adjustment of the arbitrator’s work.
The nature of this paper requires distributing its scientific materials into two sections: The first section is designed to refer to the meaning of arbitrator, its conditions, and the importance of arbitration. While, the second section is dedicated to state the legal basis of the arbitrator’s work, distributing it on two requirements: the first one studies the judicial basis while the second one considers the contract basis of the arbitrator’s work. The research concludes that an arbitrator is a normal person who owns specific qualities which enables him to take the role of the arbitrator as a result of the opponent’s agreement. And the contract
is considered to be the source of this work and the contract basis is the right and accurate framework which is used to adjust this work. The contract of arbitration falls into the incoming contracts on the service. As well as, people or opponent’s willingness has a role in determining arbitrator’s framework and procedures. It must be addressed that an arbitrator cannot be considered as a judge since he cannot exert the career and his work’s framework often lacks paid service. It is worth mentioning that among the recommendations recommended by the researcher: the need for legalizing the contract of arbitration with its own standards. It’s also necessary to legislate a flexible and accurate law. As well as, the need to reduce the interference of the legislator in the merits of arbitration, and granting a greater role to the opponents and arbitrator.