شرط التحكيم وأثره على خطابات الضمان في عقود الفيديك

Abstract

Abstract
This research analyzes the legal nature of the letter of guarantee and the impact of the arbitration clause on disputes related to it, focusing on Palestinian legislation and comparative legal experience, particularly in Egyptian law. The letter of guarantee is an effective legal and banking tool used to ensure the implementation of contractual obligations. It is independent of the underlying contract, making the bank's obligations to the beneficiary direct and unconditional, regardless of any disputes between the ordering customer and the beneficiary.

The study focused on examining the relationship between the arbitration clause and the letter of guarantee. It demonstrated that the arbitration clause contained in the underlying contract does not automatically extend to the letter of guarantee unless the parties explicitly stipulate this. It also highlighted the importance of expedited adjudication in protecting interim rights in the event of fraud or abuse by the beneficiary. The study reviewed the legal issues that may arise from conflicting decisions between the judiciary and arbitration bodies, emphasizing the need to unify the adjudicating authority to avoid conflict and ensure justice.
The study concluded that the letter of guarantee enhances the stability of commercial transactions by providing independent and rapid financial protection to the beneficiary. However, it may face practical and legal challenges when including arbitration clauses in contracts. Therefore, the study recommended the development of Palestinian legislation, improving contract drafting to ensure clarity of the parties' obligations, and enhancing the role of expedited adjudication in adjudicating urgent disputes related to letters of guarantee.