The Ex Officio Power of the Arbitrator to Raise New Issues of Law in Islamis Finance Disputes

Author:Mohamed A. Hassan
Position:American University in Cairo
Pages:477-540
SUMMARY

The legal nature of arbitration varies from the legal nature of litigation. While the judge derives his authority from the state power, the arbitrator derives his powers, in the first place, from the parties' agreement. The power of the court to raise new issues of law ex officio is widely recognized. When it comes to arbitration, the matter is more complicated. The ex officio power of the... (see full summary)


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