Alternate Dispute Resolution Law at Syria
Alternate Dispute Resolution (ADR) in Syria is increasingly recognized as a method of resolving disputes outside of the traditional court system. Syria's legal system is rooted in civil law traditions, and while the concept of ADR has been integrated to some extent, it is still developing compared to other jurisdictions. ADR mechanisms like arbitration, mediation, and conciliation are gaining importance, especially for commercial and civil disputes.
Here is an overview of the ADR law in Syria:
⚖️ Key ADR Mechanisms in Syria
1. Arbitration
Legal Framework:
Arbitration in Syria is governed by the Syrian Code of Civil Procedure (particularly Articles 506–510). These provisions set out the rules for domestic arbitration, and international arbitration is also recognized under international treaties Syria has entered into.
Syria is a member of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), which means that Syria is obligated to recognize and enforce international arbitral awards under specific conditions.
Syria also adheres to the principles outlined in the UNCITRAL Model Law on International Commercial Arbitration (though not directly incorporated into domestic law).
Arbitration Process:
The Arbitration Law in Syria allows parties to choose the arbitrators and the venue for arbitration. In cases of domestic arbitration, the Syrian courts can intervene in the appointment of arbitrators or oversee certain procedural matters if the parties fail to agree.
Arbitration can be used for commercial disputes, construction contracts, labor disputes, and other civil matters.
Enforcement:
Arbitration awards are enforceable in Syria, especially if they are consistent with the New York Convention. However, enforcement can be subject to scrutiny, and the courts may intervene if the award contradicts Syrian public policy or legal principles.
If the arbitration is international, Syria will typically respect the arbitration agreements and enforce awards in line with the New York Convention provisions.
2. Mediation
Legal Framework:
Mediation is encouraged but not fully institutionalized in Syrian law. In many cases, parties may resort to informal mediation or may use judicial mediation facilitated by courts in civil or commercial cases.
Mediation is commonly used in family law disputes (e.g., divorce and child custody), commercial disputes, and real estate disputes.
Mediation Process:
Mediation in Syria is usually facilitated by a neutral third-party mediator (which may be a lawyer, judge, or other qualified professional). The mediator assists parties in finding common ground and reaching an amicable settlement.
The role of the mediator is typically non-binding, and the outcome depends entirely on the willingness of the parties to reach an agreement.
Court-Annexed Mediation:
Court-ordered mediation has been gaining attention in Syria, especially in civil and family law cases. Courts encourage the use of mediation before proceeding with litigation to save time and reduce the court backlog.
3. Conciliation
Labor Disputes:
Conciliation is particularly used in labor disputes in Syria. The Syrian Ministry of Social Affairs and Labor plays an important role in facilitating conciliation between employers and employees to resolve conflicts.
If conciliation fails, labor disputes may be referred to the Labor Court for a judicial decision.
Conciliation in Family Law:
Conciliation is also an integral part of resolving family disputes in Syria, particularly in cases of divorce, child custody, and alimony. Judges often act as conciliators to help the parties reach an agreement before issuing a judgment.
🏛️ Judicial Support for ADR in Syria
Court Encouragement:
Syrian courts actively encourage parties to use ADR methods, especially mediation and conciliation, before proceeding with formal litigation. In family law and labor disputes, courts often refer parties to mediation as a first step.
The Syrian Civil Code encourages the use of reconciliation between the parties to avoid the need for judicial intervention.
Judicial Intervention in Arbitration:
Courts in Syria are empowered to assist with the appointment of arbitrators, the setting aside of arbitration awards, and the enforcement of arbitral decisions.
The Syrian courts can review the validity of arbitration agreements and enforce them when they meet the legal requirements. They may refuse enforcement of arbitral awards that conflict with public policy or the country’s laws.
🌍 International Influence on ADR in Syria
International Conventions:
As a member of the New York Convention and with its exposure to international trade and commerce, Syria recognizes international arbitration awards. However, the application of international standards, such as the UNCITRAL Model Law, is still evolving in Syria.
Arab Commercial Arbitration:
Syria is also a member of the Arab League, and there are regional arbitration and dispute resolution mechanisms under the Arab Investment Agreement and the Arab Commercial Arbitration Center (ACAC), which can be used for disputes between Arab countries.
📈 Trends and Developments in ADR in Syria
Slow Development of ADR:
Despite Syria’s legal framework allowing ADR, the use of arbitration, mediation, and conciliation is still somewhat limited, primarily due to the ongoing civil conflict in the country. The legal infrastructure for ADR is not fully developed, and implementation can be inconsistent.
ADR in Commercial and Family Disputes:
The trend of using ADR is particularly growing in family law disputes and commercial contracts, where parties prefer a quicker resolution than what the courts can offer, especially given the current situation of the judicial system in Syria.
International Arbitration for Cross-Border Disputes:
As Syria continues to participate in international trade and commerce, international arbitration is becoming a more common method of resolving disputes, especially for issues involving foreign companies or international contracts.
📝 ADR Institutions in Syria
Syrian Arbitration Centre (SAC):
The Syrian Arbitration Centre was established to promote arbitration as a method of resolving commercial and civil disputes. It plays a central role in facilitating both domestic and international arbitration.
Syrian Bar Association:
The Syrian Bar Association provides training and support for legal professionals involved in ADR. Lawyers and mediators often receive certification or training in ADR techniques.
Ministry of Social Affairs and Labor:
The ministry plays a key role in conciliation efforts related to labor disputes and social matters. It provides conciliation services between employers and employees.
📊 Challenges for ADR in Syria
Impact of Ongoing Conflict:
The ongoing conflict in Syria has heavily impacted the legal and judicial systems. Many ADR mechanisms are difficult to implement effectively due to the instability and lack of infrastructure.
Limited Public Awareness:
ADR is still relatively underutilized, and there is limited public awareness of its benefits compared to traditional litigation, especially in rural or conflict-affected areas.
RELATED Blog
0 comments