الملخص الإنجليزي
Since arbitration is one of the means for settling disputes, such mechanism must
have reliable procedures in order to be able to achieve the desired purpose. These
procedures depend on the agreement between the contracting parties. In addition, the
integrity of the award issued by the arbitral tribunal depends on the integrity of the
arbitration procedures starting from the commencement of the arbitral procedures
until the issuance of the arbitral award.
Among the defenses available for the parties is the defense of the lack of
jurisdiction, one of the most important defenses, which can challenge the jurisdiction
of the arbitral tribunal. We will discuss such defense in the preliminary part of the
study.
Furthermore, we note that there is a great interdependence between jurisdiction
and invalidity, as one of the reasons for invalidity is the lack of an arbitration
agreement, its invalidity, or its expiry, which means that the arbitral tribunal is not
authorized to adjudicate the dispute, and the arbitral tribunal's lack of authority to
adjudicating issues outside its jurisdiction under the arbitration agreement results in
the invalidity of the arbitral award.
