Articles #arbitration

Legal analysis is not just a mental skill, but a strategic tool that gives its owner the ability to understand texts, circulars, and judicial rulings in depth, and to deal with them effectively, whether you are a lawyer, researcher, or legal officer.

Arbitration is a legal mechanism used by individuals and companies to resolve disputes outside of formal court proceedings, thanks to its speed, flexibility, and confidentiality. These advantages have made it a preferred option in commercial and investment transactions. Consequently, an arbitration award acquires the force of res judicata and is considered final and enforceable. However, this authority is not absolute; it is subject to limited and exclusive judicial review through an "annulment of the arbitration award," which aims to invalidate the award if it contains serious formal or procedural defects, without re-examining the merits of the dispute.

Legal mediation is a process in which one or both parties to a dispute initiate the use of a neutral legal mediator, who negotiates between them with the aim of resolving the existing or anticipated dispute in an amicable and effective manner. Mediation aims to repair or terminate the contractual relationship in an agreed manner, ensuring the satisfaction of all parties. The process ends with a written agreement documenting the solutions, which becomes binding upon signing, without the need for long and complex judicial or arbitration procedures.