Ramallah: Human Rights and Democracy Media Center “SHAMS” organized a training course for students of law faculties, on arbitration as one of the alternative means of conflict resolution. UNDP UNWOMEN and UNICEF in cooperation with the General Department of Professional Affairs and Alternative Dispute Resolution in the Ministry of Justice. The training course was held in Ramallah governorate for the duration of 3 days.
The training course aims to enhance the participants’ abilities in understanding the basics and procedures of arbitration, developing their ability to resolve commercial and civil disputes in accordance with the law, identifying arbitration and its legal nature, the arbitration agreement and its drafting controls, procedures and management of the arbitration case, the arbitration award, its issuance methodology and its drafting principles, and practical simulation.
The Director of the General Department for Professional Affairs and Alternative Dispute Resolution Ms. Maysa Hamrasheh opened the training course, explaining the efforts made to develop the reality of arbitration in Palestine, and to work in establishing regulations for creating alternative means for resolving disputes. As stipulated by the law, stressing the importance of alternative means and the importance of arbitration in resolving disputes.
After that, Professor Mohamed Hadia, a legal expert working in the field of arbitration and mediation, addressed the concept of alternative means and their relationship to the formal judicial system and the legal framework governing them, their features and characteristics, Christopher Moore’s model in managing and resolving disputes and a general comparison between arbitration, mediation and the judiciary and its advantages and disadvantages, in addition to the general characteristics. Moreover, he spoke about the principles of mediation, its types, fields, objectives, and arbitration between spouses.
Also, Advocate Nour Anabosi discussed arbitration with its general concept, its importance, its types and the legal framework governing it, in addition to talking about the competent court in the event of any dispute or disagreement regarding the arbitration clause and its application and possible methods of appeal against the arbitration decision.
On the second training day, Advocate Muhammad Abu Shehab spoke about the arbitration agreement, the arbitration clause and condition, writing the arbitration agreement, its independence and drafting, the arbitration panel and the conditions that must be met therein, arbitration procedures, the arbitration decision, its appeal and its implementation, the arbitration clause and the foundations of drafting, and arbitration in related financial disputes and its role in promoting women’s access to justice.
Mr. Hammam Melhem from the General Administration of Professional Affairs and alternative means for resolving disputes in the Ministry of Justice also introduced the nature of the relationship between arbitrators and the Ministry of Justice, how to select arbitrators and their accreditation with the Ministry, what qualifications are required for their accreditation, the ways and methods for selection, the definition of the work of the administration, and the most important differences between the arbitrator accredited to the Ministry the unaccredited arbitrator.
On the third training day, Dr. Muhammad Al-Ahmad spoke about electronic arbitration in terms of concept, nature, importance, advantages, and obstacles, the electronic arbitration agreement (definition, characteristics, conditions, wording and procedures), the electronic arbitration ruling in terms of preparation, content, characteristics, conditions, issuance and implementation, and electronic arbitration as a mechanism for settling disputes of electronic commercial contracts.
At the end of the training, he recommended participants to the need to intensify the efforts of civil society institutions in spreading and strengthening societal awareness about alternative means of resolving conflicts among different groups of society due to its importance, and to seek various awareness-raising methods in spreading awareness and communicating information (educational, academic, media, and entertainment). Furthermore, he recommended of the need of meetings and intensive training in the field of arbitration for law students in universities, the need to push for the adoption of arbitration courses as compulsory courses for law and law students in Palestinian universities, and to educate arbitrators, build their capacities and develop their specialized skills in the latest issues related to arbitration, including electronic arbitration and disputes that take place In the digital space and the international model rules for arbitration in different sectors.