The Court of Cassation ruled that "as per the
rulings of this court – according to paragraph (1) from Article (190) Code of Procedures,
one cannot agree to arbitration in a determined dispute with a special
arbitration deed. but, one may agree to arbitrate all disputes arising out of
the performance of a determined contract "arbitration is a form of dispute
resolution enacted by the legislature; the object of arbitration is to avoid normal
litigation methods and the guarantees they provide, the jurisdiction of the arbitral
tribunal to consider the dispute, even though it's based on rule of law, it's
established on the agreement between the parties, it is limited to what the parties
submit to the Arbitration Board; it can be arbitration in a determined dispute
with a special arbitration deed or all disputes arising out of the performance
of that contract.
Translation by Heba Musa
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