Code of Civil Procedure
December 7, 2015
Adopting the right in rem to seize and sell the defaulting financing
June 18, 2016Arbitration is considered one of the most important means of resolving commercial disputes in the shortest possible time, and it holds a significant position within the structure of any legislative system in the world. For this reason, the Damascus Chamber of Commerce, in cooperation with the Damascus Bar Association, organized this seminar.
The seminar was attended by Mr. Mohammad Ghassan Al-Qallaa, who presided over the session, Dr. Moussa Mitri, Professor at the Faculty of Law at both Damascus University and Paris II University, and Al-Muqsitoun Legal Company, represented by its Chairman of the Board, Attorney Mohammad Khaled Darwishah, a certified commercial arbitrator accredited by the Arab Chamber for Conciliation and Arbitration in several arbitration centers and chambers.
He pointed out that commercial arbitration is not merely a title, but rather a distinct and well-established field of knowledge in its own right.
The session was opened by Mr. Ghassan Qalla’, Chairman of the Damascus Chamber of Commerce, who spoke about the importance of commercial arbitration.
The main themes of the seminar crystallized around what is commonly known as 'customary practice'
Attorney Mr. Mohammad Khaled Darwish spoke about the concept of commercial customs and trade practices, and their significance in commercial arbitration.
– Conditions for the commencement of arbitration.
Lawyer Dr. Mousa Matari discussed – granting arbitral awards the status of enforceable judgments – and international arbitration. Mr. Khaled then defined customary law as the second source of law after Islamic Sharia, noting that for customary law to be established, the following material elements must be present:
– It must be general, practiced by a group of people.
– It must be old, meaning it has been practiced over a certain period of time.
– Not contrary to public order and public morals.
In addition to the existence of the moral element, which is the sense of the binding nature of the custom.
At the conclusion of the seminar, the floor was opened for discussion and questions, and the speakers responded to the attendees' inquiries.
We must not forget to thank the Chamber President, the esteemed guests, and all attendees, with hopes to meet again in future seminars after the blessed month of Ramadan.
May Allah return it to you with goodness, joy, prosperity, and blessings.





