Adequacy of fair trial guarantees in Palestine's arbitration legislation
Publication Type
Original research
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Arbitration is an exceptional approach for resolving conflicts between parties outside of the normal judicial system. The parties can implement it to hasten the resolution of their disputes or to protect the confidentiality of information relating to their interactions. When reviewing the legislation governing arbitration in the majority of the States around the world, we ought to find that they all utilize established procedural safeguards that will lead to a fair trial. It happens by establishing lofty standards that cannot in any way be broken or exceeded. As well as specific procedural rules governing the phases of adjudication of litigation in line with the way set forth by the legislation, which governs issues like the principle of confrontation, the fair treatment of adversaries, and the impartiality of the arbitrator. The arbitration laws of Palestine do not deviate from those mentioned above. In this study, we'll undertake an effort to put together a critical analysis that addresses, in accordance with the standards of contentious critical scientific analysis, the suitability of such legislation, particularly the Arbitration Act and its Implementing Regulations, for attaining the aforementioned goals. The researchers found that Palestine's arbitration laws include certain crucial legal elements for guaranteeing fair trials, yet identified several deficiencies. They underscored how these gaps could be addressed by utilizing pertinent procedural laws.

Journal
Title
مجلة جامعة النجاح للابحاث - B
Publisher
جامعة النجاح الوطنية
Publisher Country
Palestine
Publication Type
Prtinted only
Volume
--
Year
205
Pages
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