المساعدة و الرقابة القضائية للعملية التحكيمية في النظام السعودي دراسة تحليلية

This research includes studying some aspects ofoversight and judicial assistance for the arbitrationprocess in the light of the Saudi arbitration articlesissued in 1433 AH, and based on an analyticalstudy covering 30 provisions directed to the Courtof Appeal, whether it is due to nullity or judicialassistance in order to find out the extent of theSaudi judiciary interference in the arbitrationprocess, and whether this intervention - auxiliary or supervisory is an obstacle to the implementation ofthe arbitration provisions. This research is dividedinto two topics: first, the intervention of the stateauxiliary judiciary for the arbitration process, andsecond , the intervention of the state supervisoryjudiciary in the arbitration process. These two topicsinclude an analytical study to measure the extent ofstate judiciary interference in the arbitration process,whether it is auxiliary or supervisory. A descriptiveanalytical approach is used to find a solution and toapproach the research problem. The study reachessome conclusions: since judge assistant roles forarbitration are exceptional roles, arbitration cannotbe separated from the judiciary for the reason that the arbitration panel is far from having the power tocompel and issue the penalty. In addition, states shallimplement the arbitration decision, in order that thecontent of the judgment does not conflict with publicorder and internal sovereignty. It should be stressedthat the formal judiciary should realize the purposefor this oversight that arbitration provisions are freefrom fundamental defects and implementing themwould disrupt this effectiveness thus undermining thecredibility of arbitration as an alternative mechanismon the judiciary to resolve disputes.