After talking about free arbitration in the previous issue, we talk about institutional arbitration in this issue:

Institutional Arbitration:

<It is that arbitration that is undertaken by international or national bodies and organizations, according to objective and predetermined rules and procedures, determined by international conventions or decisions establishing these bodies, and the spread of arbitration centers, especially after the Second World War, and their importance increased after the spread of the free economy and international trade, Some of these centers are specialized in a specific field, and some are general and handle arbitration in various fields and various aspects of commercial activity, and some are national, such as the Paris Chamber of Arbitration, and some are international, such as the International Chamber of Commerce in Paris, the Gulf Arbitration Center, the Cairo Regional Center, and the Saudi Center for Commercial Arbitration.

All these institutions are described as specialized and permanent because arbitration is their only function, and they are also permanent because they do not stop at a particular arbitration process, but are continuous to receive the arbitrations entrusted to them.

<Institutional arbitration has become the mainstay in the field of international trade. Parties usually prefer to use institutional arbitration systems because they ensure that most arbitration matters are organized in advance and in detail, which enables them to avoid the issue of inexperience in setting arbitration rules and procedures and consuming more time in agreeing on these rules as is the case in the free arbitration system, This is in addition to the administrative, financial and executive capabilities that these bodies enjoy and put them in the hands of individuals, as well as the experience that these bodies enjoy due to the existence of practical and realistic rules that have been tried and proven successful in many disputes that have been resolved.

On the other hand, institutional arbitration gives the arbitration institution to which the dispute is referred, certain powers before and during the consideration of the dispute by the arbitral tribunal, as stipulated in its rules. The institution then has jurisdiction to the extent provided for in those rules. However, if there is a dispute of competence in respect of a particular matter between the national judiciary and the arbitral institution, and that matter is a matter of public order, the competence may not be taken away from the national judiciary and given to the arbitral institution, and any agreement to the contrary shall be void. The nullity shall be partial with respect to that matter only.