Arbitration in Comprehensive Vehicle Insurance Contracts according to Palestinian Law: A Descriptive and Analytical Study of the Texts of Arbitration and Insurance Laws

Abstract

The increasing number of traffic accidents and the resulting physical and material damages have led countries to enact laws allowing vehicle owners to obtain insurance policies that cover all damages caused by their vehicles. This study aims to address the following question: “To what extent is it possible to include an arbitration clause in disputes related to comprehensive vehicle insurance contracts under Palestinian legislation?” The study concluded that an arbitration clause is considered valid and legally effective if it is stipulated as a separate clause from the general terms of the contract, in a clear and unequivocal manner indicating the intention of both parties to apply it. However, if it is stipulated in the form of an arbitration agreement, there is no dispute regarding the permissibility of resorting to it, as it is concluded after the dispute has arisen, and neither party may compel the other to resort to this method.