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العنوان
خصوصيةالتحكيم في منازعات شركات التأمين /
المؤلف
الحسيني، أيمن سعد محمد.
هيئة الاعداد
باحث / أيمن سعد محمد الحسيني
مشرف / عصام حنفي محمود موسي
مناقش / الأنصاري حسن النيداني
مناقش / سحر عبد الستار إمام
الموضوع
شركات التأمين.
تاريخ النشر
2019.
عدد الصفحات
411 ص. ؛
اللغة
العربية
الدرجة
الدكتوراه
التخصص
العلوم الاجتماعية
تاريخ الإجازة
1/1/2019
مكان الإجازة
جامعة بنها - كلية الحقوق - قسم القانون التجاري
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

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from 413

المستخلص

I divided this study into two main chapters preceded by an introductory chapter, and they are followed by a conclusion and recommendations, and I addressed in my study a way to what is intended from the thesis, and to achieve the desired goal, what is arbitration and its types, whether optional and compulsory, or free and institutional or national and international, and what is insurance and its types, whether private and social, Or land and sea, or insurance for persons and damages, and the development of the legal framework for insurance in Egypt legally, historically, and supervisory, then the new in insurance in Egypt in the introductory chapter, then the objective privacy of arbitration in insurance company disputes in terms of what arbitration in disputes of the insurance contract and its nature Legal, passing through the definition of insurance companies and their types whether they are a public or private sector, as well as re-insurance companies and their types as one of the recent forms of insurance, and the extension of the arbitration clause in insurance company disputes within the group of companies, and within the framework of contracts in the first section, Then the procedural specificity of arbitration in insurance company disputes before the start of the dispute procedures, and the effect of the parties’ prior and subsequent agreement on resorting to arbitration and the arbitration board in this type of dispute in terms of its formation and legal adaptation, then the procedures followed during the arbitral litigation when the litigation begins, its course, and its consequences Symptoms whether stopping, or interruption, and the scope of that litigation in terms of requests and defenses, ending with the specificity of this type of arbitration discounts after the ruling thereon, in terms of the nullity of its provisions, the cases of this nullity, and the procedures for his claim in Chapter Two, then I have concluded that the objective privacy of arbitration insurance companies ’disputes, whether agreement or compulsory, is evident in the fact that the timing of parties to the insurance dispute to resort to arbitration has a great impact in determining its legal nature, and in determining the legal nature of the arbitration body they are fighting against, in the case of an agreement to Resorting to arbitration before the outbreak of the dispute, the dispute is subject to Law 27 of 1994 regarding arbitration, and the agreement prevails over the contractual nature, and the parties to the insurance dispute determine the arbitral tribunal and the scope of its jurisdiction and is optional arbitration, and in The state of agreement to resort to arbitration after the outbreak of the conflict is subject to the law 97 of 1983 regarding public sector bodies and companies, and the mixed nature theory of arbitration becomes the most applicable theory, since it is in the first agreement and in the middle of it a procedure and at the end of it a ruling, and it is a compulsory arbitration that obliges the parties to struggle The problem in Chapter Six of Book Two of Resolution No. 60 of 1971 regarding public institutions and public sector companies, while preserving their right to asylum in the court in all cases. & I have concluded that the procedural specificity of insurance company disputes is demonstrated by the fact that compulsory arbitration procedures may be followed and optional arbitration procedures may be followed, in the case of an agreement to resort to arbitration before the outbreak of the dispute, the dispute is subject to Law 27 of 1994 regarding arbitration and the procedures followed are followed. In optional arbitration, but in the case of agreement to resort to arbitration after the outbreak of the conflict, the dispute is subject to Law 97 of 1983 regarding public sector bodies and companies and the procedures followed in compulsory arbitration are followed through with its distinction of The date of the start of the arbitration procedures, the composition of the panel and its number, the manner in which the arbitration papers are announced, how the judgment is issued and the period during which it is issued. and finally reached a set of results and Recommendations learned through this study.