The Truncated Arbitral Tribunal (Between Theory And Practice) نظام هيئة التحكيم المبتورة بين النظرية والتطبيق

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PHD in Civil and Commercial procedures Law Faculty of Law, Cairo University, Egypt

Abstract

The system of the truncated arbitral tribunal is one of the most important systems that have been introduced into the arbitration process because its main objective is to extend the protection fence around the arbitration process to preserve the rights of the parties to the dispute, to speed up the resolution of the advocates and not waste time and effort in long procedures. Therefore, the introduction of the truncated arbitral tribunal system into the Egyptian arbitration rules is a necessary, effective and safe matter. Therefore, international arbitration systems must follow the developments and advanced systems that support and protect the arbitration process from the risks that it may incur.
The aim of this article is to examine in which situations, and under which circumstances, a tripartite tribunal is authorized to proceed as a truncated tribunal with reference to the institutional arbitration rules. Furthermore, the aim is to examine the validity and enforceability of awards rendered by a truncated tribunal by examining case law from international and national tribunals and analyzing the findings in light of the fundamental arbitral values.
 

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