Cases of invalidity of arbitration award
Abstract
Arbitration is a method of dispute resolution that allows disputing parties to delegate the decision to an arbitration panel composed of one or more arbitrators chosen by them voluntarily. Arbitration is the preferred method for resolving disputes at both the domestic and international levels, as it allows the parties to freely choose their arbitrators, outlines the procedures followed in arbitration, specifies its duration, and allows the arbitrators to specialize in the subject matter of the dispute. Its rulings are final and not subject to appeal or cassation. The judiciary has no authority over the arbitration matter unless it is subject to one of the invalidity cases stipulated in Article (54) of Law No. (10) of 2023, concerning the provisions of the Libyan Commercial Arbitration Law. The importance of this study lies in how the Libyan legislature regulates the arbitration agreement so that it is binding on its parties and produces its legal effects, and the extent to which these legal texts are compatible with recent developments in the field of arbitration. This study aims to focus on cases of invalidity of arbitration awards and to evaluate and assess them in order to keep pace with recent developments in the field of arbitration. The analytical inductive approach was adopted, as it is appropriate for the nature and objectives of the study. I have divided this research into two parts, the first of which deals with cases of invalidity related to the arbitration agreement and public order, and the second with cases of invalidity related to the arbitration dispute. At the end of this research, I reached a number of conclusions that require the parties to arbitration to adhere to the substantive and formal conditions required by law for the agreement to be deemed valid and effective. The study also highlighted some of the flaws in this law and ways to address them using more linguistic and legal language.
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