How to Resolve Commercial Disputes Through Arbitration According to the Applicable Laws of Afghanistan

Abstract

The high value of trade forced governments and individuals to enact permanent laws for the better separate and further development of commercial transactions. In the event that any problem occurs during the commercial transaction, a resolution mechanism should be in place to protect the principle of speed of trade to prevent damage to the trade. Therefore, this urgent need has forced governments and individuals to use informal (Arbitrage) solutions instead of official (Justice) solutions. That commercial arbitration is one of the best and most widely used alternative solutions to commercial disputes. Therefore, the commercial arbitration recognition, principles and formalities can be easily extracted from the commercial arbitration law of Afghanistan. The importance of this research is that after understanding the principles and principles of commercial arbitration in Afghanistan, the growth and opportunities of trade at the national level are determined. And also the principles necessary while approaching commercial disputes through arbitration are highlighted and analyzed.

The main purpose of the research is how to approach commercial disputes through arbitration from the point of view of the effective laws of Afghanistan at the national level, it is the recognition of the established principles (jurisdiction law) and how to apply them during the resolution of disputes arising in the field of trade through arbitration.

In order to gather information on this subject, Afghanistan's commercial arbitration law, commercial court principles law, arbitration and mediation procedures of the Chamber of Commerce in commercial affairs, various books and reliable scientific articles were used.

 This conclusion is reached after researching the way to solve commercial disputes through arbitration from the point of view of the laws in force in Afghanistan commercial arbitration is used as an important solution in Afghanistan, as in other countries of the world, because commercial arbitration is a simple solution. If the problem between traders is resolved by commercial arbitration, then the fixed principle (speed) for commercial transactions does not disappear although commercial arbitration is an informal solution, but some principles like the official solution (judgment) and fixed conditions for the enforcement of the arbitration decision (decision) have been determined in the laws if these principles and conditions are not considered during the arbitration process; So there is no validity.