Legal Awareness of Opponents in Judicial Arbitration and Conciliation Arbitration "Comparative Study"

Abstract

Both arbitration by court and arbitration by conciliation share the subject matter of the dispute. What is suitable for arbitration is suitable for   conciliation, but they differ in many other matters. The opponents had to have a developed legal awareness of it so that the opponent knows what duties he owes. Legal awareness in an important area is in the process of building the state of law and the citizen’s conviction regarding the rulings issued and the differences that require the adversaries’ awareness that arbitration is carried out by a binding decision that is uncertain as to the validity of the ruling, while the conciliation decision is made by agreement between the adversaries and is concluded in the form of a conciliation contract, and arbitration is carried out by resolving the dispute based on the chosen law. Or the one chosen by the arbitration panel. As for reconciliation, it is achieved through consensual settlement, not based on the law, but rather by reconciling the conflicting claims between the opponents. The arbitrator’s decision is binding on the opponents, while the conciliation arbitrator makes his ruling by mutual consent between the opponents, without imposing an informed opinion or ruling, but rather through agreed settlement. From this point, we will present the most important cases in arbitration by court and arbitration by conciliation, which require the legal awareness of the opponents in order to preserve their rights and achieve their interests.