Legal Arbitration: Fields and Mandate of the Arbitrator-a Comparative Fiqh Study

Abstract

Arbitration is one of the most important means that people utilize for establishing the rules of justice after judiciary. The researcher chose this topic because Arbitration is one of the oldest and easiest ways to solve the disputes. The research tackles the legality of the arbitration and the difference between it and the judiciary, the conciliation, and the fatwa .The research also includes issues and rights which the arbitrator is allowed to take a decision on. Moreover, the research includes the mandate of the arbitrator, and the legality of the refusal of the dispute parties or one of them  the arbitrator or arbitrators, before and after the written contract ( Submission ). Moreover, the research addresses how to implement the arbitrators ruling in accordance with the terms and conditions of Sharia; either with opponents consent or through force by the court when it receives the decision of arbitration committee