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Arbitration and International Trade in the Arab Countries by Nathalie Najjar Pdf
Arbitration and International Trade in the Arab Countries examines international trade arbitration in the MENA region and analyses legal sources, decisions and practices through the prism of freedom and safety requirements. The work is an essential guide to the body of arbitration law at both the practical and theoretical levels.
Arbitration with the Arab Countries by Abdel Hamid El-Ahdab,Jalal El-Ahdab Pdf
This book is intended to provide lawyers and businesses with an overview of the legal systems and processes in relation to arbitration in all the Arab jurisdictions in the Middle East and North Africa: Algeria, Bahrain, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, Saudi Arabia, Sudan, Syria, Tunisia, United Arab Emirates, Yemen, In addition, there will be a chapter on Muslim arbitration law (Shari’a), the Amman Arab Convention on Commercial Arbitration (1987) and the Riyad Arab Convention on Judicial Cooperation (1983). The new edition will be completely revised, updated, and expanded, providing commentary, an overview of case law, and translations of the relevant statutes. Each chapter will follow the same outline to ensure that they are as consistent and comparative as possible and will cover (but not be limited to) issues such as: the legal and judicial system, the agreement to arbitrate, the arbitrators, the proceedings, arbitral awards, the enforcement of the award, and the means of recourse.
Arbitration with the Arab Countries by ʻAbd al-Ḥamīd Aḥdab Pdf
Arab arbitration law has moved beyond the crisis caused by the controversial ARAM-CO & Abu Dhabi awards. The past decade has witnessed widespread changes in Arab arbitration law, including the modification of arbitration laws by a number of Arab countries, the creation of several new arbitration centers in these countries, & the accession by most Arab countries to the New York Convention. Arbitrators & other practitioners whose work deals with one or more Arab states & academics involved in the study of Arab arbitration law need a complete resource that ties together the multiple components of law in this area. Arbitration with the Arab Countries supplies this resource, setting out the evolution of Arab arbitration law & offering an exhaustive commentary on the law & practice of arbitration throughout the Arab world & exploring some of the remaining problems & hidden truths in the field. Its practical features include the following: . an introduction to & explanation of the concepts of arbitration in Moslem law, . coverage of several pan-Arabic conventions on Arab & international arbitration, & . a view of the state of the law in each relevant country. Arbitration with the Arab Countries allows the user to look up the arbitration systems & practice of a particular country while also contributing to a deeper understanding of the influences of Moslem law in this area generally. Practitioners & academics will appreciate its completeness & insight.
Commercial Arbitration in the Arab Middle East: Jordan, Kuwait, Bahrain, Saudi Arabia by Samir Saleh Pdf
Samir Saleh's Commercial Arbitration in the Arab Middle East, first published in 1984, became established as the most comprehensive treatment of the law in this field. His next book on the subject, published in 2006, covered the Shar'a, Lebanon, Syria, and Egypt. Saleh's new volume, covering Jordan, Kuwait, Bahrain and Saudi Arabia, follows the same basic structure as the earlier volumes, analysing the national arbitration systems of the four countries by reference to statutes, judicial decisions and comentaries. The author also discusses international aspects including the applicable bilateral treaties and international conventions. Detailed discussion of the law and its practice is supported by extensive footnotes, and by the author's own translations into English of the applicable current laws and regulations.
Liber Amicorum Samir Saleh Reflections on Dispute Resolution with Particular Emphasis on the Arab World Edited by Nassib G. Ziadé This welcome volume upturns the widespread perception that the Islamic and Arab worlds fail to conform to today’s internationalized approach to dispute resolution. With contributions from nineteen eminent authors – judges, arbitrators, academics, practicing lawyers, representatives of international arbitral institutions – this collection of essays and analyses manifests the salutary worldwide influence of Arab law and its intersection with the common law and civil law traditions. Conceived to honor Mr. Samir Saleh, one of the leading scholars and international lawyers in the Arab world, the book offers work in English and French that focuses on the fields of law to which Mr. Saleh has made his most significant contributions, namely, arbitration and mediation in different types of international disputes. Among the issues and topics covered are the following: the position of Islamic and Middle Eastern law on alternative dispute resolution; dichotomy between confidentiality and enforcement; Shari’a applicable to the merits in international commercial arbitration; oil and gas agreements; State submission to arbitration in the Arab world; the role of arbitral institutions in the Middle East and North Africa; and interaction between public and private law concepts and practices. The authors highlight the ongoing challenges and outlook for dispute resolution in the region, discussing case law, evolving legislation, and changes in the practice of international arbitration and mediation in several Arab countries. Mr. Saleh’s work in strengthening international law while bridging the legal and cultural divides between the Arab region and the rest of the world will undoubtedly continue to inspire generations to come. Given recent developments in Arab and Islamic law and the resulting focus on Arab scholarship and jurisprudence, along with Mr. Saleh’s unparalleled influence on dispute resolution in the Arab world and beyond, the wide-ranging expertise revealed in this Liber Amicorum is sure to be of great practical value to international law practitioners and law firms, alternative dispute resolution scholars, and arbitral institutions worldwide.
Commercial Arbitration in the Arab Middle East: Shari'a, Syria, Lebanon, and Egypt by Samir A. Saleh Pdf
In this second edition of Samir Saleh's major work on commercial arbitration in the Arab Middle East, the basic format has been maintained, while the author, drawing upon his intimate knowledge of the region and considerable practical experience as an arbitrator, has completely revised and updated the book so that it offers a fully modern account of domestic commercial arbitration practice, with an international dimension, under the sharia and in Syria, Lebanon and Egypt. The first part of the book, dealing with sharia, continues to draw on the four major sources of sharia, with illustrations taken from the four main Sunni schools that have influenced its development. This part underpins all the remaining chapters which deal in turn with different national systems, building on the discussion by reference to local statutes, judicial precedents and commentaries. Detailed analysis of law and practice is supported by extensive footnoting, guidance on further reading, and insights into the prevailing business practices within each country. For practising lawyers and arbitrators a feature which will be particularly welcome is the inclusion of up-to-date discussion of practice and procedure for the execution and enforcement of domestic and foreign awards, and the legal pitfalls awaiting the unwary. The new edition has also been considerably amplified to include international aspects of arbitration as reflected in judicial decisions and academic commentary in each territory.
Author : Essam Al Tamimi Publisher : Juris Publishing, Inc. Page : 568 pages File Size : 46,9 Mb Release : 2009-09-01 Category : Arbitration and award ISBN : 9781933833309
Practitioner's Guide to Arbitration in the Middle East and North Africa by Essam Al Tamimi Pdf
The Practitioner's Guide to Arbitration in the Middle East and North Africa is the culmination of the real experience and expertise from those experts and authorities directly involved with arbitration in their respective countries. The book is the first of its kind to target the Mena region specifically and is essential for anyone working in the area of arbitration both in the Middle East and world-wide. The practice of arbitration of private disputes is not new to MENA countries. Arbitration has long been recognized as a legitimate and culturally accepted practice of dispute resolution, dating back to dispute resolution practices of the early Islamic period, and even the pre-Islamic era. International commercial arbitration, and its cultural and juridical acceptance, is a more recent and complex phenomenon nonetheless on the rise in MENA countries. It is now standard for arbitration clauses to be included in contracts governing international transactions and there is a growing consensus among MENA merchants engaged in international trade, along with their commercial counterparts in the rest of the world, that international arbitration is preferable to litigation in domestic courts for purposes of resolving private commercial disputes. While subject to some qualifications and restrictions in some instances, in many, if not most, MENA countries, arbitration clauses can be included in contracts with government entities engaging in commercial transactions. Additionally, conferences, seminars, and training programs in international arbitration are on the rise, and various international arbitration centres have been established. The advantages from the perspective of private parties are tremendous: Parties can elect which law will apply to disputes arising from their transactions, and they can remove themselves from the constraints and biases of parochial attitudes in national courts. There is also an increasing acceptance by national courts of international arbitration standards, such as the principle of Kompetenz-Kompetenz, recognising the right of arbitrators to decide their own jurisdiction and the separability of the arbitration clause. More frequently, courts are granting assistance and support to international arbitrations and are more receptive to enforcing foreign awards. This book is a comprehensive guide to arbitration in Algeria, Bahrain, Egypt, Iran, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Sudan, Syria, Tunisia, UAE, and Yemen. Written in question/answer format by leading practicioners and firms from the region, it elicits the most salient features of the legal framework for arbitration and international arbitration in each of the respective countries.
Festschrift Ahmed Sadek El-Kosheri by Mohamed Abdel Raouf,Philippe Leboulanger Pdf
With this Festschrift, the Bahrain Chamber for Dispute Resolution (BCDR-AAA) is starting a tradition of honoring Arab scholars and practitioners who promote international arbitration and international law. Over the last few decades, international arbitration institutions and international law societies have generously acknowledged the work of leading scholars and practitioners from the region. The time has come, however, for these individuals to be honored by institutions within the region. It should come as no surprise that the BCDR-AAA is dedicating this first Festschrift to Professor Dr. Ahmed El-Kosheri. His immense contributions to international commercial arbitration, international investment arbitration, and international law more broadly, as well as his significant influence on a generation of lawyers and students from the Arab region and beyond, fully justify this choice. As a testament to Dr. El-Kosheri's remarkable career, broad intellectual horizons and extensive geographical reach, the Festschrift includes contributions from forty-six authors-judges, arbitrators, practitioners and scholars-representing twenty-one nationalities from the Middle East, North and Western Africa, East Asia, Europe, and North and South America, who wrote on topics as diverse as international arbitration and ADR mechanisms, international investment law, public international law (including international administrative law), and private international law in Arabic, English, and French. One can hardly think of another Arab figure who has done more than Dr. El-Kosheri to strengthen international law while bridging legal-cultural divides between the Arab region and the rest of the world. He will undoubtedly continue to inspire many generations to come.
Development of a Commercial Arbitration Hub in the Middle East by Aida Maita Pdf
This Dissertation analyzes and discusses the development of arbitration in the Middle East with the major focus on the State of Qatar as a case study. Studies the rise and development of International Commerical Arbitration as it is conducted in Qatar in relation to other regional jurisdictions such as Bahrain, Dubai in the United Arab Emirates, and Egypt. This work also analyzes the effects that the legal systems of the respective States have on the dispute resolution procedures that have been adopted by parties seeking to conduct proceedings, or attempting to enforce awards in these States.
The Effect of the 1958 New York Convention on Foreign Arbitral Awards in the Arab Gulf States by Reyadh Mohamed Seyadi Pdf
In the second half of the twentieth century, alongside the evolution of the global economy, modern technology, rapid transportation and multinational enterprises, there was an increased demand for a dispute resolution mechanism that met the needs of traders, international trade and economic policy-makers. Arbitration as an alternative dispute resolution has significantly gained in popularity in the Arab Gulf States over the past two decades or so. This is no doubt reason enough to take a closer look at the main theme that defines arbitration in this region. National courts of the Arab Gulf states are invariably seen as not very arbitration friendly, some possibly even hostile to arbitration. Public order, alongside the Islamic legal traditions, is seen as unruly horse that could possibly undermine the development of international commercial arbitration in this region. The contribution in this book will go some way toward dissipating the concerns that are routinely raised about the procedural and practical soundness of arbitration in the Arab Gulf states. In addition, the book serves to place arbitration in the Arab Gulf states in its present legal systems, national laws and courts practices.
Author : A. J. van den Berg Publisher : Springer Page : 312 pages File Size : 55,7 Mb Release : 1994-07-13 Category : Law ISBN : STANFORD:36105060550824
International Arbitration in a Changing World by A. J. van den Berg Pdf
The reports and commentaries in this volume are a clear reflection of the changes in the world economic and political structure. They contain both general overviews of the current situation as well as detailed observations. The rapporteurs and commentators were selected from legal systems and institutions where international commercial arbitration is firmly established, as well as from legal systems where the former tentative position of international commercial arbitration is only now being strengthened by means of acceptance by governments, ratification of multilateral arbitration Conventions, enacting of new legislation, and the establishment of new arbitral institutions. A subscription ensures you will receive all future volumes automatically.
Practical Guide to Litigation and Arbitration in the United Arab Emirates by Essam Al Tamimi Pdf
Al Tamimi (a licensed advocate of the Courts of the United Arab Emirates) offers a "detailed guide to litigation and arbitration in the United Arab Emirates based on Federal laws, laws specific to the individual Emirates, judgments delivered by the Court of Cassation and International Conventions to which the United Arab Emirates is a member," acco.
Contemporary Problems in International Arbitration by Julian Lew Pdf
The establishment of a School of International Arbitration was a sufficiently important occurrence to have brought to London, for its inaugural conference, most of the world's leading experts on international arbitration. The three-day Symposium on March 25-27, 1985 sought to identify and consider the It was not the aim contemporary problems affecting international arbitration. of the Symposium to develop, propose or agree solutions to these problems, but rather to discuss the issues and alternative solutions. The success of the School will be measured in the future by its contribution, through research and teaching, to the development of solutions to the difficulties and uncertainties which reduce the effectiveness of international arbitration agreements and awards and the conduct of international arbitral proceedings. This book reproduces the papers presented at the Symposium (amended and varied by several contributors). It is not considered appropriate here to comment on or analyse paper by paper the ideas presented or discussions which ensued. However, it would be appropriate to make reference to specific developments in the short period since the Symposium directly relevant to the papers reproduced and the discussions which ensued. The pertinence of the subject-matter selected becomes clear from these subsequent developments.
