Top Titles

- The Statute of the International and Digital Arbitration Organization

- General Provisions, Objectives, and Competences of the Organization

- Objectives of the Organization and Services Provided

- Rules and Regulations

- Organizational Structure

- Membership in the Organization

- Regulation of Arbitration Expenses

- Applicable Law

- Arbitration Rules of the Organization

- Absence of Parties

- Arbitration Award

- Issuance of the Arbitration Award

The Statute of the International and Digital Arbitration Organization

Preamble

The importance of arbitration has increased significantly from the mid-twentieth century to its end. It was in favor of the flourishing of international trade that the commercial arbitration system emerged in the international community. Arbitration has become a complement to the judiciary in resolving disputes of a special nature and an acceptable alternative to resorting to the judiciary due to its easy procedures and speed, which align with the nature of international commercial transactions. Moreover, arbitrators have the flexibility to determine the applicable law to the dispute if the parties involved have not agreed on it.

Given the global prosperity in various fields, especially in mutual international trade and continuous economic development, along with the increase in the volume of foreign investments, there has been a corresponding increase in the overall volume of commercial transactions and the natural international and local commercial disputes arising from them. Arbitration has been the means to resolve these disputes.

Therefore, there was a need to establish an International and Digital Arbitration Organization that includes all legal, judicial, and arbitration competencies and expertise in all its forms. This organization aims to support the course of arbitration worldwide, particularly institutional arbitration, according to the rules agreed upon by the parties, whether these are the rules stipulated in the laws, legislations, and arbitration systems worldwide, the rules of the United Nations Commission on International Trade Law (UNCITRAL), or any other rules agreed upon by the disputing parties, distancing from traditional arbitration.

From the outset, the organization has taken an international dimension in line with its founders’ vision of cultural exchange and exposure to all international experiences. This is achieved through cooperation with international arbitration centers and institutions, working together according to a cooperation protocol between the organization and these centers and institutions to promote the culture of arbitration by organizing seminars, workshops, local and international conferences, and a series of introductory, in-depth, and specialized training programs. These efforts aim to establish the concepts of resolving commercial disputes through arbitration, encouraging legal scientific research in the field of arbitration, publishing research, papers, and periodicals that serve the legal and commercial communities. Additionally, this involves benefiting from the lists of arbitrators of international arbitration centers and chambers that include elite arbitration experts in the Arab world and globally.

The establishment of the organization is highlighted by its scientific openness, evident in the scope of scientific achievements and cultural activities undertaken in all scientific fields. The organization’s establishment sends a message to the global community towards a bright future for a global arbitration gathering that includes legal and arbitration expertise to be proud of under the name of the International and Digital Arbitration Organization.

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Below is the statute of the International and Digital Arbitration Organization

Chapter One: General Provisions and Objectives of the Organization and its Competences

   – Section One: General Provisions

   – Section Two: Objectives of the Organization

   – Section Three: Competences of the Organization

Chapter Two: Organizational Structure.

Chapter Three: Membership in the Organization.

General Provisions, Objectives, and Competences of the Organization

Chapter One

General Provisions, Objectives, and Competences of the Organization

Section One: General Provisions

Section Two: Objectives of the Organization

Section Three: Rules and Regulations

Section One: General Provisions

Article (1) Definitions

The following words and phrases shall have the meanings assigned to them unless the context indicates otherwise:

– Assembly: An international Arab arbitration entity comprising legal, engineering, financial, and economic experts concerned with international arbitration and dispute resolution.

– Headquarters: The city and country where the organization’s headquarters will be located (United States of America – Washington) with a host country in the Hashemite Kingdom of Jordan and branches in other countries.

– The International and Digital Arbitration Organization: A non-profit international digital arbitration organization that includes legal, arbitration, and judicial expertise and competencies from around the world in its membership.

– Advisory Council of the Organization: The council appointed and formed by the Secretary-General of the organization, including international legal, engineering, and political experts to provide support and advice for the organization’s objectives and activities related to international and digital arbitration.

– Board of Directors of the Organization: The board appointed by the Secretary-General of the organization, comprising members with technical, administrative, legal, and financial expertise.

Article (2) Establishment of the Organization

An international non-profit organization for international and digital arbitration aimed at resolving commercial disputes shall be established under the name (The International and Digital Arbitration Organization). It shall be licensed by the U.S. government, and its establishment and creation shall be ratified by the U.S. Department of State. It shall be internationally accredited by the United Nations and the European Organization for Education to grant it official status upon the opening of its headquarters and branches in all countries.

Article (3) Headquarters

– First: Introduction to the International and Digital Arbitration Organization: It is a non-profit organization and an independent civil society organization that works on resolving disputes referred to it arising from commercial, financial, and engineering contracts in all their forms. It meets the need of the disputing parties for an arbitration body that they trust, characterized by integrity and justice.

– Second: The organization enjoys legal personality and financial and administrative independence. The Secretary-General of the organization represents it before all international governmental and private entities. The organization shall have its permanent headquarters for the General Secretariat, and it has the right to establish branches and offices worldwide by written and official assignment from the Secretary-General and in accordance with the laws and regulations of those countries.

Objectives of the Organization and Services Provided

Section Two: Objectives of the Organization and Services Provided

Article (4)

A. Objectives of the Organization

  1. The primary goal of the organization is to provide services for resolving local and international commercial disputes through international and digital arbitration using the latest methods, in accordance with the procedures stipulated by its regulations or as agreed upon by the disputing parties.
  2. To provide consultations and necessary services for the procedures of resolving local and international commercial disputes.
  3. To work with international arbitration centers, public and private institutions, and universities through cooperation protocols to raise awareness about the importance of arbitration by organizing general and specialized training programs, conferences, seminars, and workshops.
  4. To resolve disputes arising from commercial contracts between companies and/or individuals (locally, regionally, and internationally) through international arbitration.
  5. To formulate policies, plans, and programs necessary for developing the laws, regulations, and systems that govern and regulate commercial contracts.
  6. To disseminate knowledge about international and digital arbitration rules and the role of arbitration in resolving disputes between individuals and companies at minimal costs and with the shortest procedures and efforts.
  7. To publish a specialized international journal for disseminating research in the field of international arbitration in all its forms and categories.
  8. To achieve its goals by establishing a university college dedicated to the studies of international and digital arbitration in all its forms and objectives, away from traditional studies.
  9. The organization may take and utilize all lawful means to achieve its objectives in accordance with the laws and regulations in the countries where it has a presence.

B. Means of Achieving Objectives

  1. The means by which the organization achieves its objectives, in accordance with the laws and regulations in force in various countries, are through the General Secretariat and the Advisory Council formed by a decision of the Secretary-General of the organization.
  2. The means by which the organization achieves its objectives, in accordance with the laws and regulations in force in various countries and related to arbitration cases referred to the arbitration bodies list formed by the Secretary-General of the organization, are through the Arbitration Council, which forms arbitration panels to resolve disputes by issuing decisions in cases presented before it.
  3. To conduct training courses and workshops to prepare arbitrators and experts.
  4. To conduct training courses on international investment contracts.

C. Services of the Organization

The organization aims to provide the best distinguished services to those interested in the field of arbitration and strives to renew and update these services to meet the desires and needs of all workers, interested parties, and stakeholders in international and digital arbitration worldwide. The organization is honored to offer the following services:

  1. The organization provides services for managing the process of international and digital arbitration.
  2. Participation in compiling lists of names and data of accredited arbitrators with the organization and various international arbitration centers, ensuring their continuous updating and development based on available information.
  3. Serious and constructive cooperation with all international arbitration centers that preceded us in this field to promote arbitration culture and awareness among the public, continuous communication, and exchange of experiences to establish trust and credibility in the importance of international arbitration.
  4. Responding to inquiries and providing all legal consultations for arbitration cases through a distinguished group of professors, lawyers, and international arbitration specialists worldwide.
  5. Publishing the latest news in the field of arbitration, including events, seminars, courses, periodicals, legal research, and more.
  6. Establishing a website for the organization on the internet and all social media platforms, bringing together specialists to discuss and exchange opinions, introduce the organization, receive applications and consultations, and provide legal knowledge opportunities.
  7. Preparing a high-precision regulatory list for the organization’s work to address all details of handling arbitration cases from beginning to end in accordance with all international agreements, laws, and arbitration regulations worldwide, and the UNCITRAL rules.
  8. Providing a suitable and dignified place for the arbitration panel, equipped with all facilities, books, and references, and creating a free environment for the panel to hold arbitration sessions within the organization’s premises.
  9. If the parties authorize the organization’s General Secretariat to choose arbitrators for them according to the procedures system, the General Secretariat shall undertake this task after presenting the list of arbitrators to the arbitration applicant or both parties to the commercial relationship, according to the importance of the subject and specialization, whether financial, maritime, or arising from a real estate or rental contract.

Rules and Regulations

Section Three: Rules and Regulations

Article (5) Procedures Regulation

The organization has a written Procedures Regulation that organizes the principles of arbitration procedures within it. This regulation, with its included principles and provisions, complements the agreements of the parties regarding arbitration when they resort to the organization to resolve their disputes and conflicts according to the arbitration rules followed by the organization.

Article (6)

The General Secretariat may seek assistance from the Advisory Council to amend the Arbitration Procedures Regulation of the organization, in accordance with the organization’s visions and aspirations, and in harmony with the developments in international and digital arbitration law and rules.

Organizational Structure

Chapter Two

Organizational Structure

Article (7)

The organizational structure of the organization consists of the Board of Directors. The organization shall have an administration appointed by the Secretary-General, composed of individuals representing each of their countries on the Board of Directors. These individuals must hold a university degree in law and have practiced legal work and arbitration for a minimum of ten years.

Article (8) Competences of the Board of Directors

The Board of Directors consists of a President and a Vice President, appointed by the Secretary-General for a term of two years, renewable once. The Board of Directors works to achieve the objectives of the assembly and fulfill its tasks. Specifically, it shall:

  1. Approve the financial and administrative systems and submit them to the Secretary-General for ratification.
  2. Approve the annual budget and submit it to the Secretary-General for ratification.
  3. Approve the annual report on the activities and operations of the organization and submit it to the Secretary-General for ratification.
  4. Review the registration of arbitrators applying to the organization and recommend their approval to the Secretary-General.
  5. Determine the location of arbitration in the absence of agreement between the parties.
  6. Set the fees for arbitrators, arbitration fees, expenses, and all assembly-related matters and decisions, which shall be approved and signed by the Board of Directors collectively and submitted to the Secretary-General for ratification.

Membership in the Organization

Chapter Three

Membership in the Organization

Arbitrators’ Roster

Article (9)

The Board of Directors of the organization shall prepare a list of arbitrators who are agreed upon and submit it to the Secretary-General for approval and ratification.

Article (10)

An individual is considered registered in the organization’s list of arbitrators if they have successfully completed the training plan determined by the assembly. An annual bulletin is issued based on a decision from the Board of Directors, provided the Secretary-General approves the names of the candidates for registration.

Article (11)

The arbitrators’ roster of the organization is the list to which the appointing authority refers when selecting arbitrators based on a request from one or both parties to the dispute, in accordance with the articles stipulated in the Procedures Regulation for the application of the organization’s arbitration rules.

Article (12)

Requirements for Registration in the Arbitrators’ Roste

Individuals can be registered in this roster through direct registration: an individual with sufficient experience in the field of arbitration can be directly registered by presenting supporting documents. The applicant must pay a registration fee of 1000 USD annually for registration or re-registration. Registration is approved by the Board of Directors and submitted to the Secretary-General for approval and ratification.

Article (13)

Registration is renewed annually, and the required fees are determined by the Board of Directors based on a financial regulation.

Article (14) Organization’s Resources

First: The organization is a non-profit international and digital arbitration entity. To manage its affairs, expenses, and the costs of its permanent headquarters and regional and international branches, the organization’s resources consist of the following:

  1. Membership fees paid by legal and natural persons.
  2. Annual subscription fees paid by members.
  3. The membership fees and subscription dues are determined by the assembly’s financial regulation, which has been approved and ratified by the Secretary-General of the assembly based on a financial audit report signed by the members of the Board of Directors.
  4. Donations, grants, and assistance provided to the organization from external sources in accordance with international laws and regulations applicable in the countries hosting the headquarters and branches of the International and Digital Arbitration Organization.
  5. Revenue from fees and activities of commercial arbitration (local and international) in resolving disputes arising from civil and commercial contracts referred to the organization, in addition to revenue from training and consultancy activities provided by the organization to third parties.

Second: The organization’s budget and final accounts are prepared after agreement on all items and approval by all members of the Board of Directors. The budget, with all its details, is then submitted to the Secretary-General for ratification according to established procedures, becoming binding for the assembly’s administration. The financial year of the organization begins from the date of the commencement of its founding activities.

Regulation of Arbitration Expenses

Chapter Four

Regulation of Arbitration Expenses

Article (15): Center Fees

  1. The organization shall charge a fee of $500 for each arbitration request, whether submitted in writing or electronically. This fee is non-refundable.
  2. The organization shall collect administrative fees for the services and studies it provides to the parties, provided that these fees do not exceed 2% of the value of the dispute to be resolved. This fee is non-refundable.
  3. After the issuance of the arbitration award, the organization’s administration shall present a statement of deposits and expenses to the Secretary-General for the final settlement to refund the excess or collect the remaining amount before the award is communicated to the parties.
  4. The organization shall charge the arbitrator appointed by the organization an amount not exceeding 10% of the total amount they earned for resolving the case assigned to them by the General Secretariat of the organization.
  5. Regarding fees and costs for secretarial work, translation, experts, consultants, conducting courses and conferences, lecturers’ fees and accommodations, and other related expenses, the General Secretariat, based on the recommendation of the arbitration panel, shall determine these costs for each case, taking into account the nature of the case and the extent of secretarial work, translation, transportation, inspections, and other expenses that may be incurred for each case.

Article (16): Arbitrators’ Fees

  1. The arbitrator’s fees are calculated as a percentage of the total amount in dispute, estimated based on the circumstances and specifics of each case, not exceeding 10% of the disputed amount. However, if the parties agree with the panel on a different arrangement, that agreement shall prevail. If the amount is indeterminate, a fee will be agreed upon at that time.
  2. The final decision of the arbitration panel shall include the amount of the panel’s fees and how they are to be distributed among the arbitrators if there is more than one arbitrator.

Article (17):

  1. The Secretary-General of the organization shall task any member of the Board of Directors or experienced staff of the organization’s administration to prepare a provisional estimated list of expenses for the case submitted for arbitration. Each party to the dispute shall be required to deposit an equal amount as an advance for these expenses. The parties may also be required to make supplementary deposits during the arbitration proceedings if necessary.
  2. If the required deposits are not made within a week of receiving the request, the appointed member shall notify the other parties and the arbitration panel, which will then take legal action as required by law. The case file shall not be handed over to the arbitration panel until the administrative fees and the advance decided by the appointed member have been paid in accordance with the organization’s financial regulations and approved by the Secretary-General.

Applicable Law

Chapter Five: Applicable Law

Article (18)

The parties have the freedom to determine the applicable law for the subject matter of the dispute by the arbitration panel. If the parties do not specify the applicable law either in the contract or in the arbitration agreement, the arbitrators shall apply the law determined by the conflict of laws rules they deem appropriate. The panel shall resolve the dispute according to the following priorities:

  1. According to the terms of the contract concluded between the parties, or any subsequent agreement between them.
  2. The law chosen by the parties if the contract does not contain any clause.
  3. The law of the place where the contract was concluded or the law of the place of its execution according to the arbitration agreement.
  4. The law most closely related to the subject matter of the dispute according to appropriate conflict of laws rules.
  5. Local and international commercial customs.

 Chapter Six: Arbitration Rules of the Organization

Article (19)

  1. In accordance with international arbitration laws, regulations, and agreements, and the law agreed upon by the arbitration parties as the applicable law for the subject matter of the dispute.
  2. The laws agreed upon by the disputing parties when agreeing to refer the arbitration to the organization or through it.
  3. The procedural rules applicable to the arbitration shall be the rules agreed upon by the parties to the arbitration and followed as deemed necessary and appropriate by the arbitrators at the start unless the parties agree otherwise.
  4. Except for the list of arbitrators’ names, the organization’s documents and papers shall be confidential and may not be accessed or copied by anyone other than the parties to the arbitration and the arbitrators, except with the explicit consent of the disputing parties, or if the arbitration panel deems it necessary for resolving the dispute.
  5. The arbitration law of the host country applies to all matters not covered by this system unless the arbitration parties intend to apply another law.

Article (20)

The award issued by the arbitration panel in accordance with the arbitration procedures – attached – shall be binding on both parties and final. It shall have enforceable power after being granted an execution formula by the competent judicial authority.

Article (21)

– The arbitration panel shall refer a copy of its award to the organization’s Board of Directors and the arbitration council formed by the Secretary-General, and they shall provide possible assistance in filing or registering the award whenever necessary under the law of the country where the award is enforced.

– The arbitration panel shall keep the case documents with the organization’s administration until requested by the competent court.

Article (22): Arbitration Agreement

  1. An agreement to arbitrate can be made at the time of contracting and before a dispute arises, whether the agreement is independent or included in a specific contract regarding all or some of the disputes that may arise between the parties. In this case, the subject matter of the dispute must be specified in the statement of claim  

 

  1. An arbitration agreement according to the provisions of these regulations before the organization precludes the dispute from being brought before any other body or appealed to it, except in accordance with the provisions established by law.
  2. In the event of resorting to arbitration, the following clause is recommended in the arbitration agreement:

“All disputes arising out of or in connection with this contract shall be finally settled in accordance with the arbitration system of the International and Digital Arbitration Organization.”

Article (24)

  1. The parties to the arbitration are free to determine the law that the arbitration panel must apply to the subject matter of the dispute.
  2. If the parties to the arbitration agree to subject their legal relationship to the provisions of a model contract, an international agreement, or any other document, the specific arbitration provisions in that document must be followed.
  3. In cases where this law allows the arbitration parties to choose the procedure to be followed in a particular matter, they may authorize others to choose this procedure.

Article (25)

The arbitration panel, formed according to the organization’s arbitration rules, guarantees the right of defense for the disputing parties, treats them equally, and provides each with a full opportunity to present their case throughout all procedures.

Article (26)

  1. The panel may, after consulting with the parties, hold some of its sessions and meetings in any location it deems appropriate unless the parties agree otherwise.
  2. The panel may conduct its deliberations in any place it considers suitable.
  3. In all cases, the panel’s final decision must be issued within the organization’s offices, specifying the location and date in the arbitration decision.

Article (27)

The language used in the decisions of arbitration panels formed according to the organization’s arbitration rules shall be the language agreed upon by the parties for the arbitration. The parties have the right to translate and authenticate it from the panel hearing the case after verifying it against the original. Consideration must be given to the original language of the disputed contract or any clause therein and the place where it was drawn up.

Arbitration Rules of the Organization

 Chapter Six: Arbitration Rules of the Organization

Article (28): Arbitration Panel

  1. The arbitration panel shall be formed by agreement of the arbitration parties and consist of one or more arbitrators. If the parties do not agree, the number of arbitrators shall be three.
  2. If the arbitrators are multiple, the number must be odd; otherwise, the arbitration is void.
  3. An arbitrator must not be a minor, under guardianship, or deprived of their civil rights due to a conviction for a felony or a disgraceful misdemeanor unless their rights have been reinstated.
  4. An arbitrator does not need to be of a specific gender or nationality unless otherwise agreed by the arbitration parties.
  5. If a dispute arises and the parties do not agree on the selection of arbitrators, the procedural system of the organization shall be followed to select the arbitration panel.
  6. Acceptance of the arbitrator’s mission must be in writing by signing the arbitration agreement or a separate document indicating acceptance, or by signing the minutes of the arbitration session. The arbitrator must disclose to the arbitration parties and the other arbitrators any circumstances that may raise doubts about their independence or impartiality, whether these circumstances exist at the time of acceptance or arise during the arbitration process. In such a case, the arbitration parties have the option to either accept the continuation of the arbitrator or request their recusal.
  7. Once an arbitrator accepts the mission, they cannot abandon it without justification; otherwise, they are liable for any harm caused to the arbitration parties or either of them.

Article (29): Submission of Requests and Referral to the Arbitration Panel

The arbitration applicant must submit a written request (statement of claim), either on paper or electronically, to the Secretariat of the General Secretariat of the Organization, including the following:

  1. The applicant’s name, title, status, nationality, and address.
  2. The name, title, status, nationality, and address of the respondent.
  3. A statement of the dispute, its facts, and evidence, specifying the requests.
  4. The name of the chosen arbitrator, if any.
  5. A copy of the arbitration agreement and documents related to the dispute .The Secretariat of the General Secretariat of the Organization must ensure that all necessary documents for the proper conduct of the arbitration proceedings are available. If the required documents are incomplete, the concerned party shall be notified to complete them.

Article (30)

After receiving the arbitration request from the claimant and the payment of fees, the Secretariat of the General Secretariat of the Organization shall notify the applicant of its receipt and inform the respondent of the request within seven days of its receipt by registered letter with acknowledgment of receipt.

Article (31)

  1. The respondent must submit a written defense (statement of defense) to the arbitration panel and deliver a copy to the claimant within the agreed period between the parties or the period determined by the arbitration panel.
  2. The respondent may include in their response any counterclaims related to the subject matter of the dispute or assert a right arising therefrom intending to set-off. This can also be done at a later stage of the proceedings if the arbitration panel considers the delay justified.

Multiple Parties

Article (31)

  1. If there are multiple parties, whether as claimants or respondents, and if the dispute is to be referred to a panel of three arbitrators, the multiple claimants must appoint one arbitrator, and the multiple respondents must appoint one arbitrator.
  2. If the parties fail to appoint the arbitrators, the General Secretariat of the organization, based on the recommendation of the Board of Directors and at the request of the parties, shall appoint all the arbitrators, including the chairperson of the panel.

Article (32)

If an arbitrator dies, resigns, or is prevented by force majeure from performing or continuing their duties, a replacement shall be appointed in the same manner as the original appointment.

Article (33)

The Secretariat of the General Secretariat of the organization shall refer the dispute file to the panel within seven days from the date of its formation, as mentioned above, and the panel shall commence its duties within a week from the date of its notification.

 Sessions

Article (34)

  1. The panel shall, at the request of either party at any stage of the proceedings, hold sessions for oral arguments or for hearing witness or expert testimony. If neither party makes such a request, the panel may choose to hold such sessions or proceed based on the documents and records.
  2. At least one public session must be held.
  3. The arbitration panel shall rule on objections concerning its lack of jurisdiction, including objections concerning the non-existence, expiration, nullity, or inapplicability of the arbitration agreement. These objections must be raised before any other plea, otherwise, the right to raise them is forfeited.
  4. Any objection that the arbitration agreement does not cover the issues raised by the other party during the dispute proceedings must be raised immediately, otherwise, the right to raise it is forfeited.
  5. The arbitration panel may decide on the objections referred to in paragraphs 1 and 2 of this article as a preliminary matter, or join them to the subject matter of the dispute and decide on them together. The panel’s decision in both cases is final.

Article (35)

  1. The arbitration shall be conducted in the language agreed upon by the parties, or the arbitration panel shall decide on another language or languages. This agreement or decision applies to the language of written documents, pleadings, and all decisions, communications, or awards issued by the panel unless the parties agree or the panel decides otherwise.
  2. The arbitration panel may request certified translations of certain written documents submitted in the case by a sworn translator into the language(s) used in the arbitration. In case of multiple languages, the panel may limit the translation to some or one of them.
  3. The arbitration panel must treat both parties equally and ensure that each has sufficient and equal opportunities to present their case and defend their rights.

Article (36)

  1. The arbitration panel shall notify the parties of the dates and locations of the sessions it holds well in advance. The parties may attend these sessions in person or through their representatives.
  2. The sessions of the arbitration panel shall be confidential unless the parties agree otherwise

Article (34) – Sessions

  1. The proceedings of the arbitration sessions shall be recorded in minutes signed by the members of the arbitration panel and the parties present or their representatives.
  2. The arbitration panel shall continue with its usual proceedings even if one of the parties fails to attend some sessions or to submit the requested documents.
  3. Each party to the arbitration has the right to amend or supplement their claims or defenses during the arbitration proceedings. The arbitration panel may reject such amendments or supplements if it determines that they were submitted late with the intent to delay the resolution of the dispute.
  4. In cases where proof by witness testimony is required, the party responsible for the burden of proof must inform the panel and the other party at least seven days before the testimony session. This notification must include the names and addresses of the witnesses, the matters they will testify about, and the language used in their testimony.
  5. The panel shall make necessary arrangements for translating oral statements made during the hearing if these statements are in a language other than Arabic and shall prepare minutes of its meetings.
  6. The hearings for pleadings and witness testimonies shall be confidential unless the parties agree otherwise. The panel has the discretion to determine the method of questioning witnesses after administering the legal oath.
  7. The panel shall decide on the acceptance or rejection of evidence, its relevance to the subject matter of the dispute, and the significance of the submitted evidence.
  8. The arbitration panel shall refer to the competent court to impose penalties or fines, as prescribed by law, on witnesses who fail to appear or refuse to answer without a lawful excuse.

Article (37)

The arbitration panel shall refer to the competent court according to the law of the seat of arbitration and/or the law of the state under which the arbitration is conducted to carry out the following:

  1. Issue decisions regarding judicial delegations.
  2. Order third parties to produce documents in their possession that are deemed necessary for resolving the dispute.

 Article (38)

  1. If either party claims that forgery has occurred in the documents submitted to the panel, the panel shall temporarily suspend the arbitration proceedings.
  2. The panel shall refer the forgery claim to the competent court for investigation and decision.
  3. If forgery is proven, the panel shall issue a ruling annulling the forged documents.

 Article (39)

  1. At any stage of the arbitration, the panel may request the parties to submit documents or other evidence, conduct an inspection of the location in question, and undertake necessary investigations, including consulting experts and specialists after administering the legal oath in the presence of the arbitration panel.
  2. After receiving the expert report, the panel may, on its own initiative or at the request of either party, decide to hold a session to clarify and discuss the contents of the report with the experts.

Article (40)

  1. The parties to the dispute may authorize the panel to mediate a settlement between them. They may also request the panel at any stage to record any agreed settlement or resolution, and the panel shall issue a ruling accordingly.
  2. The panel may, on its own initiative or at the request of either party, decide at any time after the closure of the hearings and before issuing the final award, to reopen the hearings for substantive reasons.

Absence of Parties

Absence of Parties

Article (41)

– If one of the parties fails to attend the sessions called by the panel and does not provide an acceptable excuse for their absence within a timeframe set by the panel, the absence does not prevent the arbitration from proceeding.

 Interim Measures

Article (42)

– The panel may, upon the request of either party, take necessary interim measures concerning the subject of the dispute, including measures to preserve the disputed goods, such as ordering their deposit with a third party or the sale of perishable goods, in accordance with the procedural rules of the country where the interim measure is taken.

Deliberation and Award

Article (43)

  1. The arbitration panel must issue the final decision on the dispute within the period agreed upon by the parties. If there is no agreement, the award must be issued within 180 days from the date of the first session of the arbitration panel.
  2. If the panel is unable to resolve the dispute within the specified timeframe, it may extend the arbitration period by no more than 90 days and only once.
  3. If the arbitration award is not issued within the specified periods, either party may request the court specified in Article 3 of this law within 10 days of the end of this period to extend the arbitration period by an additional period not exceeding 90 days, also only once. In this case, the court’s decision to extend or deny the request will be final, issued in a chamber after summoning the parties.
  4. If the arbitration period expires without the panel resolving the dispute without a valid excuse, the affected party may seek compensation from the competent court.

 Applicable Law and Rules

Article (44)

  1. The arbitration panel shall apply the rules agreed upon by the parties to the subject of the dispute. If the parties agree to apply the law of a specific country, the panel shall follow its substantive rules without applying its conflict-of-laws rules, unless otherwise agreed by the parties.
  2. If the parties do not agree on the legal rules to be applied to the dispute, the arbitration panel shall apply the substantive rules of the law it deems most closely connected to the dispute.
  3. The arbitration panel shall consider the terms of the contract in dispute and the applicable trade customs when resolving the dispute.
  4. If the parties explicitly agree to authorize the arbitration panel to settle the dispute amicably, the panel may resolve the dispute based on fairness and equity without adhering to legal provisions.
  5. The arbitration panel may issue interim awards or partial awards on certain requests before issuing the final award.
  6. Either party to the arbitration has the right to approach the judge of urgent matters, whether before or during the arbitration proceedings, to take a precautionary measure according to the provisions stipulated in the Code of Civil Procedure.

 Settlement Agreement

Article (45)

– If the parties to the arbitration agree to settle the dispute during the arbitration proceedings, they may request the arbitration panel to record the settlement. In such a case, the panel must issue a decision that includes the terms agreed upon by the parties, and this decision shall have the same enforceability as an arbitration award.

Arbitration Award

Article (46): Arbitration Award

  1. The arbitration award is issued in writing after deliberation, either unanimously or by majority vote, and must be signed by the arbitrators. If a dissenting arbitrator signs the award, their opinion must be recorded on the judgment document. If they refuse to sign, the reasons must be stated in the award.
  2. If there is no majority opinion, the Chair of the arbitration panel will issue the award independently based on their opinion. In this case, the Chair’s sole signature on the award is sufficient. The dissenting arbitrators must record their opinions in writing on the judgment document. If one or both refuse to sign, the reasons must be mentioned in the award.

Article (47): Arbitration Decision

  1. The arbitration award must include the names of the arbitrators, the parties involved, their addresses, capacities, nationalities, a copy of the arbitration agreement, a summary of the parties’ claims, statements, documents, the operative part of the award, and the date and place of issuance.
  2. The arbitration award must also specify the fees and expenses of the arbitration and how they are allocated between the parties.
  3. The arbitration award must be reasoned, unless the applicable procedural law does not require reasons to be stated. This is at the discretion of the panel.
  4. The arbitration panel must provide each party with a signed copy of the arbitration award within one week of its issuance.
  5. Once the arbitration award is issued, the party in whose favor the award is rendered must deposit the original award along with the arbitration agreement with the competent court as per the law of the agreed country or the law of the organization’s host country.
  6. Both parties have the right to obtain a certified copy of the judgment or the award after its deposition.
  7. If the arbitration award is issued in a foreign language, it must be accompanied by a certified translation into the language agreed upon by the parties upon deposition.
  8. The arbitration award or any part thereof may not be published without the consent of both parties.
  9. The arbitration panel will determine which party bears the costs and fees, either wholly or partially.

Article (48): Termination of Arbitration

Arbitration proceedings are concluded with the issuance of an award that resolves the entire dispute. They also end if the arbitration panel decides to terminate them in any of the cases mentioned in the general law:

  1. If the parties agree to end the arbitration without resolving the dispute.
  2. If the claimant withdraws the arbitration claim or withdraws the lawsuit unless the respondent objects and the arbitration panel finds that the respondent has an interest in continuing the proceedings to resolve the dispute.
  3. The arbitration panel’s mandate ends with the conclusion of the arbitration proceedings, and the Chair must deposit the arbitration case file with the competent court of the agreed country or the competent court of the host country.

Article (49): Correction of Errors

The arbitration panel may correct any material errors in its award, whether arithmetic or typographical, by a decision issued on its own initiative or based on a party’s request, provided that the other party is notified.

Issuance of the Arbitration Award

Article (46): Issuance of the Arbitration Award

  1. The arbitration award must be written and issued after deliberation, either unanimously or by majority vote, and signed by the arbitrators. If a dissenting arbitrator signs the award, they must record their opinion on the judgment document. If they refuse to sign, the reasons must be stated in the award.
  2. If there is no majority opinion, the Chair of the arbitration panel will issue the award independently based on their opinion. In this case, the Chair’s signature on the award is sufficient. The dissenting arbitrators must record their opinions in writing on the judgment document. If one or both refuse to sign, the reasons must be mentioned in the award.

Article (47): Contents of the Arbitration Decision

  1. The arbitration award must include the names of the arbitrators, the parties involved, their addresses, capacities, nationalities, a copy of the arbitration agreement, a summary of the parties’ claims, statements, documents, the operative part of the award, and the date and place of issuance.
  2. The arbitration award must also specify the fees and expenses of the arbitration and how they are allocated between the parties.
  3. The arbitration award must be reasoned unless the applicable procedural law does not require reasons to be stated. This is at the discretion of the panel.
  4. The arbitration panel must provide each party with a signed copy of the arbitration award within one week of its issuance.
  5. Once the arbitration award is issued, the party in whose favor the award is rendered must deposit the original award along with the arbitration agreement with the competent court as per the law of the agreed country or the law of the organization’s host country.
  6. Both parties have the right to obtain a certified copy of the judgment or the award after its deposition.
  7. If the arbitration award is issued in a foreign language, it must be accompanied by a certified translation into the language agreed upon by the parties upon deposition.
  8. The arbitration award or any part thereof may not be published without the consent of both parties.
  9. The arbitration panel will determine which party bears the costs and fees, either wholly or partially.

Article (48): Termination of Arbitration

Arbitration proceedings are concluded with the issuance of an award that resolves the entire dispute. They also end if the arbitration panel decides to terminate them in any of the cases mentioned in the general law:

  1. If the parties agree to end the arbitration without resolving the dispute.
  2. If the claimant withdraws the arbitration claim or withdraws the lawsuit unless the respondent objects and the arbitration panel finds that the respondent has an interest in continuing the proceedings to resolve the dispute.
  3. The arbitration panel’s mandate ends with the conclusion of the arbitration proceedings, and the Chair must deposit the arbitration case file with the competent court of the agreed country or the competent court of the host country.

Article (49): Correction of Errors

  1. The arbitration panel may correct any material errors in its award, whether arithmetic or typographical, by a decision issued on its own initiative or based on a party’s request, provided that the other party is notified within 30 days following the issuance of the award or the submission of the correction request, as the case may be.
  2. The arbitration panel must issue the correction decision in writing in deliberation within 15 days. If the arbitration panel exceeds its authority in correction, the decision can be challenged for annulment.

Article (50): Clarification and Additional Awards

  1. The arbitration panel may, upon a request submitted by one party within 30 days of being notified of the award and after notifying the other party, clarify any ambiguity in the award or issue an additional award on claims presented during the proceedings but omitted from the award.
  2. In such cases, the other party has the right to submit a written response to the arbitration panel within 10 days of being notified of the request.
  3. The arbitration panel must issue its decision in the cases referred to in paragraph (1) of this article in deliberation without summoning the parties within 30 days of the request submission.
  4. The award issued in the previous cases is considered supplementary to the original award and is subject to the same rules as the original award.
  5. If the arbitration panel is unable to reconvene, the correction, clarification, or issuance of an additional award falls under the jurisdiction of the competent court responsible for enforcing the panel’s decision as per the law of the country where the award is to be enforced.

Article (51): Contents of the Award

The award must include the reasons for the decision, the names of the arbitrators and their signatures, the names of the parties, the date of the award, the place of issuance, the facts of the case, the parties’ requests, a summary of their arguments and responses, and the party responsible for costs and fees, either wholly or partially.

Article (52): Submission and Notification of the Award

  1. The arbitration panel must send a copy of the award to the Secretariat of the General Organization for deposition and registration if required by the law of the country where the award is to be enforced.
  2. The General Organization’s Secretariat must notify the parties of the award after it is issued by the panel, using proper notification procedures with acknowledgment of receipt within three days of issuance.

Article (53): Binding Nature of the Award

  1. The award issued by the panel according to these procedures is binding and final. It becomes enforceable after being granted executory power by the competent judicial authority according to the law of the country where the award is to be enforced.

Article (54): General Provisions

  1. Counterclaims are treated like the original claim, and fees are charged accordingly based on administrative fees and arbitrators’ fees. The organization’s Board of Directors, with the approval of the Secretary-General, may determine an additional advance payment to be paid by the party making these claims, without affecting the principle of equal payment of these advances.
  2. If the dispute amount is not specified, the organization’s Board of Directors, with the Secretary-General’s approval, will determine the administrative fee based on the case’s significance, not exceeding the maximum previously stipulated fee.
  3. All amounts paid towards arbitration expenses are deposited into the arbitration fund within the organization’s financial department according to the organization’s financial regulations and remain there until the final award is issued by the arbitrators.
  4. The organization’s Board of Directors has the right to amend any provision of this system, either by modification or cancellation.

Article (54): General Provisions (continued)

  1. The Global Organization for International and Digital Arbitration welcomes local, Arab, and international expertise to enrich this experience and contribute to the dissemination of justice and arbitration, provided that the applicant meets the membership and registration requirements of the organization.
  2. These procedures become effective upon approval by the Secretary-General after recommendations for their approval are submitted by the Board of Directors of the organization. This is subsequent to the official registration of the association with the competent authorities in the host country and its announcement on websites and in local newspapers.
  3. Subject to the previous paragraph, the Secretary-General of the organization issues the approval decision on the Board of Directors’ decision to appoint office directors for the organization’s branches in various countries in accordance with the legal, administrative, procedural, and financial regulations of the organization.

This set of articles outlines the detailed process and regulations governing the arbitration procedures under the Global Organization for International and Digital Arbitration. The articles provide clarity on how arbitration decisions are made, documented, and enforced, and they establish guidelines for the correction, clarification, and additional awards process. Furthermore, they emphasize the binding nature of arbitration awards and the conditions under which arbitration proceedings can be terminated. Additionally, the general provisions highlight the organization’s openness to diverse expertise and detail the procedural steps for implementing and announcing new regulations and appointing office directors.