commercial arbitration between freedom of will and legal restrictions

Abstract

The general theory of the contract is the legal origin of all contracts. This is reflected in the fusion of most of the provisions and principles of contract theory of commercial arbitration. However, the role of this theory soon declined and became what is known as a disturbance of the general theory of the Decade, due to political, economic and social transformations on the one hand. On the other hand, there has been a decline in contractual freedom and the atrophy and proportionality of the binding force of the contract. All this has led to the emergence of public order, legal provisions and judicial interference with contracts, and the emergence of the so-called principle of good faith and its principles, integrity, cooperation and transparency. This undoubtedly had a significant impact on the emergence of arbitration with a new face.