Translation of the articles related to arbitration in Syrian Code of Procedure Legislative Decree No. 84 of 1953

Section IV - Arbitration (Articles 506 to 534)

Article 506

The contracting parties may agree in general to refer disputes which might arise out of the fulfillment of a specific contract to one or more arbitrators.
It is permissible to submit a specific dispute to arbitration according to special clauses.

Article 507

Arbitration can only be concluded by parties who have complete competence. Disputes relating to personal status, nationality or those which may not be subject to a compromise, may not be arbitrated.

Article 508

Minors, incapacitated persons and persons deprived of their civil rights may not act as arbitrators.

Article 509

Arbitration agreements may only be proved in writing.

Article 510

The subject matter of the dispute must be specified in an arbitration agreement or during the proceedings, even if the arbitrators act as “amiable compositeurs”, otherwise arbitration will be void.

Article 511

If more than one arbitrator is appointed, the number of the arbitrators must always be uneven.

Article 512

In case a dispute arises and the parties do not agree upon the arbitrators, or if one or more of the appointed arbitrators refuses to fulfill his function, retires, has been removed, or if he is hindered by an impediment and if there is no special agreement between the parties, the court originally having jurisdiction over the dispute appoints in the judges room the necessary arbitrators upon the request of the most diligent party in the presence of the other party, or in its absence if it was duly called to a confidential hearing.
The number of the arbitrators appointed by the court shall be equal to the number agreed upon by the parties.
The judgment made in this effect shall not be subject to any means of recourse.

Article 513

The arbitrator must accept his appointment in writing unless he has been appointed by the court.

Article 514

After accepting his appointment, an arbitrator may not retire unless he has good reasons to do so, otherwise he might be liable to the parties for the damages.

Article 515

An arbitrator can only be dismissed by the mutual agreement of the parties. He may only be challenged on grounds which arise or appear after the agreement to arbitrate was executed.

Article 516

Arbitrators can be recused for the same reasons as judges and by the same procedure. The request of recusal must be submitted to the court of jurisdiction within five days of the notification of the appointment of the arbitrator to the other party.

Article 517

Arbitration shall not be terminated if a party dies. In this case the time limit set for the arbitrators to make their award is to be extended by thirty days.

Article 518

If a removed or retired arbitrator has been replaced by the court or by the parties’ consensus, the time for making the award shall be extended by thirty days.

Article 519

The arbitrators must make their award within the time limit agreed upon by the parties unless the parties agree to extend this time limit.

Article 520

If no time limit for making the award is set, the arbitrators must make their award within three months from the date of their acceptance to arbitrate, otherwise either party may request the court to appoint other arbitrators.

Article 521

The arbitrators shall apply the procedures set for the courts of law, unless the arbitrators have expressly dispensed with applying these procedures.
The award shall be made in accordance with the rules of law.

Article 522

Arbitrators acting as “amiables compositeurs” are dispensed from applying court procedures and rules of law.

Article 523

Arbitrators make their award on the basis of the documents and evidence produced by the parties at least fifteen days before expiry of the time-limit for making the award, otherwise the arbitrators may base their verdict on those documents and requests submitted by one party. If the time limit for making the award is less than four weeks, the parties must produce their evidence and arguments within the first half of this period.

Article 524

Arbitrators must make the investigative procedure together and the minutes must be signed by all of them unless they have delegated one arbitrator to carry out a particular measure according to a decision documented in the minutes.

Article 525

In case the arbitrators have no jurisdiction to decide upon a question raised during the proceeding, or if the plea of forgery of documents is raised, or if criminal procedures for forgery or for any other criminal act have been introduced, the arbitrators must suspend the arbitral procedure and the time-limit for the arbitration is suspended until a final judgment is made upon these procedures.

Article 526

The arbitrators shall request the intervention of the President of the Court originally having jurisdiction to:

(a) fine a witness who does not appear, or refuses to answer question;

(b) order a rogatory commission.

Article 527

After deliberation the arbitral awards must be rendered in writing, either unanimously or by the of majority of votes .
The arbitral awards must contain a copy of the arbitration agreement, a summary of the arguments and documents presented by the parties, the opinion, the decision, the date and place of its pronouncement, and the signature of the arbitrators.
If one or more arbitrators refuse to sign, this refusal is to be entered in the minutes. The award is valid if it is signed by the majority of the arbitrators.

Article 528

The arbitral awards must be made in Syria, otherwise the rules applying to foreign judgments shall be applied to them.

Article 529

Arbitral awards, even preliminary ones, must be filed, together with the original arbitration agreement, by one of the arbitrators with the Secretariat of the Court originally having jurisdiction over the dispute. The Secretary of the court draws up minutes of this registration.
If the Court of Appeal would have had jurisdiction over the case in question, the arbitral award shall be registered with the Secretariat of the Court of Appeal.

Article 530

Arbitral awards can not be a subject to “cassation”.

Article 531

The rules relating to provisional enforcement are applicable to arbitral awards.

Article 532

Arbitral awards can be subjects of an appeal according to the rules and periods set for appealing decisions of courts of law. The recourse of appeal is not allowed when the arbitrators are acting as “amiables compositeurs”,or as arbitrators in appeal, or if the parties expressly waived the right to lodge an appeal, or if an appeal is not permissible due to the subject matter of the dispute or the amount of the claim.
The appeal must be filed with the Court of Appeal which would have had jurisdiction over such an appeal if the dispute had been decided by the Court of First Instance originally having jurisdiction.
The decision made by the Court of Appeal can not be subject to “cassation”.

Article 533

With the exception of the case mentioned in paragraph (e) of Article 241, an arbitral award may be subject to a request for rehearing in accordance with the rules applicable for judgments made by the courts of law. The request for rehearing is made before the court which originally would have had jurisdiction over the dispute.

Article 534

In case the rendered arbitral awards can not be the subject of an appeal, or in case the recourse of appeal was permissible but the period to file such an appeal has expired, the award only then becomes enforceable when a request by one of the interested parties has been filed with the President of the Court with which the award was registered and a decision in respect of the request is granted. The procedure followed by the President in this procedure shall be the same as that which applies to urgent cases.