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Lecture by the President Judge Sami Mansour on The Challenges of Arbitration Clause (2009-08-01)

The Judge addressed the subject of arbitration and challenges before the courts in the plurality of religions and boards and bodies of numerous legal natures describing how the atmosphere surrounding the issue of arbitration used to reflect a cold one between the judiciary and arbitration where judges talked not about justice, but of an arbitral resolution in an arbitral tribunal instead of a judiciary one; however, this fact has changed with the spread of the culture of arbitration in the professional community , specialized institutions and legal periodicals on the issues of arbitration now that arbitration is the natural justice to resolve disputes.
Nonetheless, arbitral resolution is still facing many challenges, the result of key differences including the conflict that divides the arbitrator in accordance with the Lebanese Code of Civil Procedure that must be capable of reconciliation and is therefore different from the ruling, because it is not issued on behalf of the Lebanese people and it’s not the arbitrator’s right to rule on behalf of Lebanese sovereignty but in the name of the contract.
Mansour also pointed out that judiciary and arbitration are two civilized ways that individuals resort to in order to solve their problems appropriately, on condition that integrity in dealing prevails; the challenge also lies in the applications of the arbitration culture that can not be overlooked.
Mansour stressed that arbitration is not the opposite or alternative to justice but is integral and complementary that consenting individuals turn to for stable relations thus more confidence and assurance.
At the end of the lecture discussions focused on the contents and the problems that still pose challenges to the implementation process.