Conditioning Arbitration and Its Effects

The research aims to clarify the jurisprudential conditioning and effects of arbitration. I concluded that the linguistic meaning of arbitration is prevention, judgment, cognition and jurisprudence. the terminology of arbitration is litigation of opponents into chosen person. Arbitration steps are arbitration agreement - statement - contract with arbitrator, pleading and defense, then judgment and its dependencies. arbitration is permissible even with the presence of a judge. the jurists mentioned arbitration at their age. it developed nowadays, so countries adopted it in international commercial disputes and established its regulations. the jurist must consider that. The conditioning is that it is judgment with special procedural system, which is compatible with local and international reality of arbitration. Traits of the arbitrator are: Substantive and procedural scientific ability to resolve the dispute, honesty, and to be Muslim when able. one litigant can’t retreat from arbitration. The arbitrator can retreat if he is a donor, otherwise, it is not. It is not permissible for the litigants to dismiss the arbitrator before judging except with permission of the judge if he appointed the arbitrator or they appointed him, and the judge authorized him. if they appointed him without the knowledge of the judge, it is valid to dismiss him upon their agreement, and litigants are required to implement the arbitral judgment. I recommend intensifying research in arbitration, especially its contract and the requirement of Islam in the arbitrators, considering the practical reality of Islamic countries and their dealings with others. jurisprudence councils must update their old decisions on arbitration.