Arbitration is considered the most common method for settling international commercial disputes, due to the desire of the parties to reach an impartial judgement, by applying laws that are consistent with the type of legal relations they are conducting, and avoiding the complexities of domestic internal codes. This desire may not be achieved in local arbitration that is subject to domestic internal law; which achieves the characteristic of the emotional connection of the parties to their law, unlike international arbitration that transcends the borders of the parties and their countries, which requires us to distinguish between local arbitration and international arbitration, and to determine clear criteria for distinguishing between them.

International arbitration disputes that are related to an extended international relationship - whether in terms of its parties, its subject matter, its cause, or its value - are resolved through an arbitration body tribunal that is capable of dealing with this international extension, especially since the parties have the freedom to choose the arbitration tribunal members  and arbitration procedures, as well as to choose the law applicable to disputes that occur between the parties to the international relationship, which raises a fundamental problem about the method of determining the law applicable to these international disputes before the arbitration body, especially when the parties do not agree to determine such law

The Palestinian Arbitration Code stated that Palestinian legislation is the law that must be applied to the dispute in local arbitration, according to the provision that stated in Article 2 of the Arbitration Code Then, it stated in Article 19 that the arbitration tribunal must apply the legislation chosen by the will of the parties. The legislator addressed the case of the parties’ failure to agree on determining the applicable law to direct the arbitrator to apply the rules of conflict of laws in Palestinian law in international arbitration.

Approach followed:

We followed the descriptive analytical approach,therefore, we distinguished international arbitration from other types of arbitration, and then discussed the applicable law to international arbitration, and pointed out the existence of some gaps in the legal text and provided solutions for them, and removed the ambiguity in these articles by comparing them with each of the Egyptian Arbitration Code  No. 27 of 1994, the Jordanian Arbitration Code  No. 16 of 2018, and the UAE Arbitration Code  No. 6 of 2018.

Most important results:

 where we reached a clear vision and conception to determine the applicable law to international commercial arbitration disputes in the Palestinian Arbitration Code  No. 3 of 2000, based on the necessity of subjecting the dispute to the objective rules in the most appropriate and closest law to the dispute, which the arbitrator deems appropriate in the event that the parties do not agree on the applicable law.

Most important recommendations:

The arbitrator must provide a logical justification for the judge so that he does not rule the arbitration decision invalid, and completely avoid applying the rules of conflict and referral because they depart from the true will of the parties to the dispute.

Keywords: Palestinian Arbitration Code Types of Arbitration, Applicable Law, Conflict of Laws, Renvoi Doctrine.

Conference Title

المؤتمر المحكم بعنوان: الوسائل البديلة لحل المنازعات وفعاليتها في فلسطين

Conference Country

Palestine

Conference Date

May 9, 2023 - May 9, 2023

Conference Sponsor

مركز سواسية،

Additional Info

Conference Website