English abstract
This study aims to recognize the system of commercial arbitration and its role to resolve the commercial disputes and showing the role of national judiciary in internal commercial arbitration under the Omani Law of Arbitration for Civil and Commercial Disputes issued by Royal Decree No. 47 of 1997. The study searches to explore whether mentioned role is obligatory or depends on the interest and intention of the two parties by answering the following questions:
1. The nature of commercial arbitration? 2. What is the role of the judiciary in the internal commercial arbitration before the arbitration decision? 3. What is the role of the judiciary in the internal commercial arbitration after
the arbitration decision? One of the most important results of this study is that the national judiciary has an indirect role in commercial arbitration in the pre-decision stage, and this role is to activate the effects resulting from the arbitration agreement, and in the formation arbitrator committees and to reject them and in the taking of time measures and to obtain evidence of proof, and to extend the arbitration period and to judge on temporal issues. such role has no observing attitude on the arbitration but it acts as helping role being granted in order to reduce the difficulties that the parties may face during the dispute, in the view of role of the judiciary in the post-arbitral award period, this role has a supervisory role represented in the supervision exercised by the judiciary in the case of nullification of the arbitral decision, in addition to the control exercised when issuing the order to implement the arbitration decision. The judiciary does not have final capacity in arbitration because this role depends on the desire of one of the parties to go to the judiciary, and thus will not have an auxiliary role in arbitration if the parties agree with each other of arbitration process and did not encounter any difficulties through the arbitration process.
