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Translated legal texts
Arbitration:
Articles 506 to 534, Section IV of the
Syrian Code of Procedure, Legislative
Decree No. 84 dated 28 September 1953
Section IV - Arbitration (Articles 506
to 534)
Article 506
1. The contracting parties may agree in
general to refer disputes which might
arise out of the fulfillment of a
specific contract to one or more
arbitrators.
2. It is permissible to submit a
specific dispute to arbitration
according to special clauses.
Article 507
Arbitration can only be concluded by
parties who have complete competence.
Disputes relating to personal status,
nationality or those which may not be
subject to a compromise, may not be
arbitrated.
Article 508
Minors, incapacitated persons and
persons deprived of their civil rights
may not act as arbitrators.
Article 509
Arbitration agreements may only be
proved in writing.
Article 510
The subject matter of the dispute
must be specified in an arbitration
agreement or during the proceedings,
even if the arbitrators act as “amiable
compositeurs”, otherwise arbitration
will be void.
Article 511
If more than one arbitrator is
appointed, the number of the arbitrators
must always be uneven.
Article 512
In case a dispute arises and the parties
do not agree upon the arbitrators, or if
one or more of the appointed arbitrators
refuses to fulfill his function,
retires, has been removed, or if he is
hindered by an impediment and if there
is no special agreement between the
parties, the court originally having
jurisdiction over the dispute appoints
in the judges room the necessary
arbitrators upon the request of the most
diligent party in the presence of the
other party, or in its absence if it was
duly called to a confidential hearing.
The number of the arbitrators appointed
by the court shall be equal to the
number agreed upon by the parties.
The judgment made in this effect shall
not be subject to any means of recourse.
Article 513
The arbitrator must accept his
appointment in writing unless he has
been appointed by the court.
Article 514
After accepting his appointment, an
arbitrator may not retire unless he has
good reasons to do so, otherwise he
might be liable to the parties for the
damages.
Article 515
An arbitrator can only be dismissed by
the mutual agreement of the parties. He
may only be challenged on grounds which
arise or appear after the agreement to
arbitrate was executed.
Article 516
Arbitrators can be recused for the same
reasons as judges and by the same
procedure. The request of recusal must
be submitted to the court of
jurisdiction within five days of the
notification of the appointment of the
arbitrator to the other party.
Article 517
Arbitration shall not be terminated if a
party dies. In this case the time limit
set for the arbitrators to make their
award is to be extended by thirty days.
Article 518
If a removed or retired arbitrator has
been replaced by the court or by the
parties’ consensus, the time for making
the award shall be extended by thirty
days.
Article 519
The arbitrators must make their
award within the time limit agreed upon
by the parties unless the parties agree
to extend this time limit.
Article 520
If no time limit for making the award is
set, the arbitrators must make their
award within three months from the date
of their acceptance to arbitrate,
otherwise either party may request the
court to appoint other arbitrators.
Article 521
The arbitrators shall apply the
procedures set for the courts of law,
unless the arbitrators have expressly
dispensed with applying these
procedures.
The award shall be made in accordance
with the rules of law.
Article 522
Arbitrators acting as “amiables
compositeurs” are dispensed from
applying court procedures and rules of
law.
Article 523
Arbitrators make their award on the
basis of the documents and evidence
produced by the parties at least fifteen
days before expiry of the time-limit for
making the award, otherwise the
arbitrators may base their verdict on
those documents and requests submitted
by one party. If the time limit for
making the award is less than four
weeks, the parties must produce their
evidence and arguments within the first
half of this period.
Article 524
Arbitrators must make the investigative
procedure together and the minutes must
be signed by all of them unless they
have delegated one arbitrator to carry
out a particular measure according to a
decision documented in the minutes.
Article 525
In case the arbitrators have no
jurisdiction to decide upon a question
raised during the proceeding, or if the
plea of forgery of documents is raised,
or if criminal procedures for forgery or
for any other criminal act have been
introduced, the arbitrators must suspend
the arbitral procedure and the
time-limit for the arbitration is
suspended until a final judgment is made
upon these procedures.
Article 526
The arbitrators shall request the
intervention of the President of the
Court originally having jurisdiction to:
(a) fine a witness who does not appear,
or refuses to answer question;
(b) order a rogatory commission.
Article 527
After deliberation the arbitral awards
must be rendered in writing, either
unanimously or by the of majority of
votes .
The arbitral awards must contain a copy
of the arbitration agreement, a summary
of the arguments and documents presented
by the parties, the opinion, the
decision, the date and place of its
pronouncement, and the signature of the
arbitrators.
If one or more arbitrators refuse to
sign, this refusal is to be entered in
the minutes. The award is valid if it is
signed by the majority of the
arbitrators.
Article 528
The arbitral awards must be made in
Syria, otherwise the rules applying to
foreign judgments shall be applied to
them.
Article 529
Arbitral awards, even preliminary ones,
must be filed, together with the
original arbitration agreement, by one
of the arbitrators with the Secretariat
of the Court originally having
jurisdiction over the dispute. The
Secretary of the court draws up minutes
of this registration.
If the Court of Appeal would have had
jurisdiction over the case in question,
the arbitral award shall be registered
with the Secretariat of the Court of
Appeal.
Article 530
Arbitral awards can not be a subject to
“cassation”.
Article 531
The rules relating to provisional
enforcement are applicable to arbitral
awards.
Article 532
Arbitral awards can be subjects of an
appeal according to the rules and
periods set for appealing decisions of
courts of law. The recourse of appeal is
not allowed when the arbitrators are
acting as “amiables compositeurs”,or as
arbitrators in appeal, or if the parties
expressly waived the right to lodge an
appeal, or if an appeal is not
permissible due to the subject matter of
the dispute or the amount of the claim.
The appeal must be filed with the Court
of Appeal which would have had
jurisdiction over such an appeal if the
dispute had been decided by the Court of
First Instance originally having
jurisdiction.
The decision made by the Court of Appeal
can not be subject to “cassation”.
Article 533
With the exception of the case mentioned
in paragraph (e) of Article 241, an
arbitral award may be subject to a
request for rehearing in accordance with
the rules applicable for judgments made
by the courts of law. The request for
rehearing is made before the court which
originally would have had jurisdiction
over the dispute.
Article 534
In case the rendered arbitral awards can
not be the subject of an appeal, or in
case the recourse of appeal was
permissible but the period to file such
an appeal has expired, the award only
then becomes enforceable when a request
by one of the interested parties has
been filed with the President of the
Court with which the award was
registered and a decision in respect of
the request is granted. The procedure
followed by the President in this
procedure shall be the same as that
which applies to urgent cases.
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