سلطة المحكم في إعادة التوازن العقد في العقود التجارية الدولية Arbitrator's Power to Restore the Nodal Balance in International Commercial Contracts | ||||
| المجلة الدولية للعلوم القانونية و المعلوماتية | ||||
| Volume 1, Issue 1, July 2018, Page 168-186 PDF (430.93 K) | ||||
| Document Type: المقالة الأصلية | ||||
| DOI: 10.21608/ijslc.2018.201036 | ||||
 View on SCiNiTO | ||||
| Authors | ||||
| Mohammed Abdal hafid DaejAl Khamaaiseh; Tawfiq Aref Tawfiq Almajali | ||||
| Faculty of Law - Applied Sciences University - Bahrain / Faculty of Law - University of Jordan | ||||
| Abstract | ||||
| National legislation on arbitration and the rules of procedure of arbitration centers did not address the powers of the arbitrator in relation to the change of circumstances, and under this legislative vacuum the arbitral tribunal sought to find a legal means enabling it to intervene in the contract in such a way that the arbitrator could restore the contractual balance of the contract under a change circumstances, the parties ' initiative has contributed to the drafting of its contracts in such a way as to make the review of the contract a contractual obligation to promote the idea of coping with changing circumstances and impeding the implementation of the Decade, and since such practices are in direct contact with the most important principles of the Decade, namely the Paciservanda principle and the principle of the implementation I am not afraid that it is important to examine the legal basis for the arbitrator's intervention in the contract to restore his nodal balance and to prevent its dissolution and to terminate in line with the purposes of international trade, as well as the need to shed light on the scope and impact of that authority depending on the nature of the undertaking and the form of arbitration adopted for the settlement of disputes. | ||||
| Keywords | ||||
| Arbitrator; international trade; breach; balance of contract; authority | ||||
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