Arbitration Bases for Settling Commercial Disputes in Accordance with The Provisions of The Code of Judgments (JUSTICE) Comparative Study International Trade Law (UNCITRAL) In Light of The Emirati Arbitration Law

Abstract

The Code of Judicial Judgments is the law governing transactions and it refers to its most prominent explanations, and shows the geographical boundaries that represent the spatial jurisdiction of the Judicial Code. The objective is to make a comparison between the jurisprudential provisions of the Code of Judicial Judgments and the rules of the Commission on International Trade Law UNCITRAL on the one hand and the arbitration laws in some Arab countries. The subject of the study is UAE arbitration law on the other hand. The research methods are descriptive, inductive, jurisprudential, and comparative legal approaches. The main axes of this research paper are introducing the Code of Judicial Judgments and the UNCITRAL Commercial Law Commission, introducing arbitration, and explaining its legitimacy in jurisprudence and law and arbitration awards according to the Judicial Judgments and comparative law. The result shows that arbitration is defined according to the provisions of the law as follows: An agreement between the parties to refer to arbitration all or some specific disputes that arise between them regarding a specific legal relationship – that one of the most important effects of arbitration is that it is limited to the parties to the dispute and does not exceed them to others. And that if the parties to the dispute meet a certain time for arbitration, it may not exceed it. This research is important for future reference for policymakers, government, and neighborhood countries.