Can a party withdraw consent to arbitration before the arbitrator begins issuing a ruling?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
Each of the disputing parties has the right to withdraw their consent to the arbitration before the arbitrator commences the actual judgment, because the arbitration's validity is established only through their mutual consent, paralleling the right to revoke a power of attorney before the agent acts.
Supporting text
If a party seeks to withdraw after the arbitrator has begun the process, there are two views: one holds that withdrawal is permissible because the ruling is not yet complete, similar to the situation before commencement. The other view prohibits withdrawal, as it would allow either party to invalidate the process upon disagreeing with the emerging judgment, defeating the purpose of arbitration.