Judicial oversight through a claim for the invalidity of the arbitral award

Abstract

After force in ancient societies was a means of requiring and defending legal rights and centers, the arbitration emerged as an agreement to submit the dispute to a particular person or persons for adjudication without the competent court, a legal system that existed from ancient times has been known by ancient Egypt, Babylon and Achur, as well as by ancient Greeks and Romans who said: (It is not judicial).

Before Islam, Arabs had known two systems of separation of litigations: the system of justice (hisbah) and the system of arbitration, since the system of arbitration existed in tribal communities, as well as in civil societies where there was no strong central authority and the individual arbitrator derived his power of judgement from the choice of the adversaries and his judgement was not enforced, but with the convict's consent.