| المستخلص: |
The aim of this thesis is to deal with the issue of Arbitration in the Libyan law. It comprises an Introductory Chapter, two Parts and main Conclusion. In the Introductory Chapter, I have discussed the legal organization of the contracts of public works in order to tackle the concept of this kind of contracts, discussing their features, studying the new formulations of such contracts and their legal nature, as an introduction to talk about the issue of arbitration in these works. Part One deals with the organizing of arbitration in the contracts of public works. It consists of two chapters, each is of two sections. In Chapter One, the general rules of arbitration are discussed and in Section one therein above, the concept of arbitration and its features and forms are elaborated. In Section two, the legitimacy of resorting to arbitration is dealt with. Chapter Two of this part is designed for the study of the agreement to arbitration and subsequently, in Section One the formal and the substantial principles of arbitration are tackled, whereas Section Two discusses the scope of limiting the arbitration agreement in terms of persons and substantial issues thereof. Part two discusses some practical facts of arbitration in the contracts of public works in two major sides. In Chapter One of Part Two, the law in force is studied and discussed. Subsequently, in section one, the applicable procedural law is explained and so is the substantial law in Section two. Chapter Two is assigned for the judicial control on arbitration and so in Section one the prior judicial control is tackled and in Section two the subsequent judicial control is elaborated. The study has concluded with some findings and suggestions which are mainly represented in a strong recommendation to issue the Libyan Arbitration Act.
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