Risalat al-huquq Journal

Arbitration is considered one of the effective tools for resolving disputes arising from international trade, as this task is assigned to individuals or arbitration bodies and they are chosen by the individuals. Arbitration has become one of the most common means of resolving disputes arising from international trade. However, in view of the errors that may accompany the arbitration process, whether It was before or simultaneously with the issuance of the arbitration award, or the error may have occurred after the issuance of the arbitration award. We note that the legislator has permitted individuals to appeal the invalidation of the arbitration award in a case that contains fundamental defects, given that the purpose of the arbitration process is the issuance of the arbitration award that decides the dispute between individuals and the issuance of this The ruling means that the arbitrator has reached complete conviction in the matter before him, but the arbitration process goes through certain procedures before issuing the decisive ruling in the dispute, and the judiciary exercises its oversight over these procedures, starting with the existence of the arbitration clause and its validity, ending with monitoring the validity of the claim for invalidation of the arbitration award, which is what we will discuss in this research. In addition to studying the concept of a lawsuit to invalidate an arbitration award and studying the special nature of this lawsuit and the court competent to hear it.

Throughout examining the issue of variable damage within the framework of civil liability. The responsibility in general, is when a person commits a mistake, he is encountered with responsibility, and in exchange for this responsibility, there is compensation within the framework of civil liability, which is the core topic of our research. If we want to compare moral responsibility and legal responsibility, the first is a responsibility that is fulfilled before the conscience, while the second is a person versus a person, and this is what relates to our topic. In responsibility does not arise or be achieved unless there is damage, but here the damage can change after the issuance of the compensation ruling, and so on. It is possible to apply the legal texts related to damage? In return, the judge must adhere to the provisions of the law when pronouncing the compensation ruling, provided that the judge takes into account all the circumstances surrounding the two parties. Through this, the variable damage is a damage that does not maintain its identity and value after its occurrence, although the damage may change in itself. The affects the elements that make it up, so its capabilities vary, heading towards an increase or decrease in the damage. Conversely, it cannot be said that the damage changes in itself, but rather it occurs. The change in the value of money with which the injured person was compensated due to a change in the purchasing power of money, and this is related to the economic conditions of the country.