أساليب فض المنازعات وأثرها على عملية التنمية في الجمهورية اليمنية

Abstract

This research analyses dispute resolution methods and their impacts on the development process in the Republic of Yemen. These methods are represented in the official judiciary as being original one, while arbitration and tribal customs are alternatives for settling disputes in the Republic of Yemen. The researcher adopted both quantitative and qualitative approaches to conduct this study. The researcher distributed a questionnaire to 136 respondents from the research community and interviewed 24 of them. The research community consisted of judges, businessmen, and customs experts. The research's first chapter focused on the types of conflicts, their causes, and how they affect development in the Republic of Yemen. The second chapter discussed the official judiciary in Yemen, its origins and feasibility, and the constraints preventing its role and hindering Yemen's progress. The third chapter addressed arbitration in Yemen, identifying the most notable legal flaws and how they affect dispute settlement. The fourth chapter examined tribal customs in Yemen and resolving disputes through it, highlighting some of its shortcomings and the necessity for a legal and regulatory framework by Yemeni legislators. The study has numerous notable results, including that the relationship of development with the judicial system is inseparable. Therefore, when there is a robust judicial system that protects rights and property, development rises in balanced steps. Additionally, the Republic of Yemen's judicial system is plagued with inconsistencies and omissions in several of its statutes and regulations, as well as the appointment of judges at random. As a result, the obstacles to settling disputes multiply in a short time. Furthermore, independent arbitration, rather than institutional arbitration, is used to render the majority of Yemeni arbitration verdicts. Therefore, it cannot be reviewed before it is issued, necessitating the development of arbitration centers, particularly in the governorates of Sana'a, Ma'rib, Aden, Taiz, and Al Hudaidah, to stimulate commercial activities and resolve disagreements. Similarly, tribal customs in Yemen are weakened and marginalized by the absence of a legal framework to govern their functioning. The study suggests reconsidering Yemen's legal framework for resolving disputes through formal courts or arbitration. In addition to regulating dispute resolution procedures under the law through tribal custom.