المسؤولية المدنية للمحكم في قانون التحكيم السوداني 2016م: دراسـة مـقــارنـة

Arbitration is one of the oldest peaceful means for resolving disputes between adversarial parties. It is a fact and an indispensable necessity in dealing with people. It cannot be dispensed with, especially in commercial relations and modern contracts, due to the characteristics and transactions that distinguish it from other means, and most national legislation has approved arbitration. As a means of settling disputes that arise between the parties to the relationship, it has given them places to present their dispute to a person of their choosing to settle it to ensure that their interests are achieved in a safe and fast manner. The importance of researching the modern responsibility of an arbitrator lies in the modern legal shares and the arbitration law for the year 2016 AD, as it is still an example of controversy, work and abandonment of importance in the scientific and practical aspects. The problem of the research enables the lack of clarity of the legal nature in the arbitration law of 2018, which was reflected in the failure to establish the civil liability of the arbitrator. It also enables the research problem in the lack of renewal of the arbitrator's powers in a clear way, with regard to the possibility of issuing national orders as necessary to ensure the progress of the arbitration procedures. Arbitration is an old means of resolving disputes between individuals, and it is a recognized issue, whether at the level of public international law, private international law, or rules of national law. The participating parties may resort to arbitration, whether the disputants are natural individuals or legal entities. We must point out that arbitration is a judicial means, meaning that no party can lead another party to resort to arbitration, and the parties are agreed upon whether the dispute has arisen or after its emergence, as stipulating in the terms of the contract or agreement that in the event of a dispute, it is resolved by arbitration