Substantive Scope of Arbitrator Restitution as a guarantee of litigation in international trade contracts

Abstract

Stakeholders of international trade with its various patterns were keen on seeking further legal, financial, procedural, judicial and other guarantees, and managed to get guarantee of initiation of arbitration in the competent international arbitration centers which have become a reality for this type of contracts. As a result, legislation of countries in general, including Arab countries, were driven to enact laws of international commercial arbitration perception of their importance in attracting foreign investments and facilitating dealing with international trade contracts of various patterns. This legislation contained within its provisions cases whereby arbitrators can recuse arbitrator and relieve him from consideration of the arbitration litigation in case of realization or appearance of some reasons that challenge its impartiality and independence. Those provisions- the provisions of arbitrators' restitution- constitute important guarantee for arbitrators to be granted professional neutral award away from defect or deficit that may mar it. This research handles the matter of arbitrators' restitution and the stance of legislation and arbitration centers of this important matter, in addition to reference to some decisions that were made by the competent authorities to consider the restitution requests based on legal grounds.