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Author : Samir Saleh
Publisher : Unknown
Page : 128 pages
File Size : 48,5 Mb
Release : 2010
Category : Electronic
ISBN : 1907229043
Author : Samir Saleh
Publisher : Unknown
Page : 492 pages
File Size : 42,6 Mb
Release : 2012
Category : Arbitration and award
ISBN : 1907229132
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.
Author : Essam Al Tamimi
Publisher : Juris Publishing, Inc.
Page : 568 pages
File Size : 55,7 Mb
Release : 2009-09-01
Category : Arbitration and award
ISBN : 9781933833309
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.
Author : Abdel Hamid El-Ahdab,Jalal El-Ahdab
Publisher : Kluwer Law International B.V.
Page : 1252 pages
File Size : 51,9 Mb
Release : 2011-07-25
Category : Law
ISBN : 9789041142955
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.
Author : Nathalie Najjar
Publisher : BRILL
Page : 1340 pages
File Size : 43,6 Mb
Release : 2017-10-30
Category : Law
ISBN : 9789004357488
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.
Author : Samir Saleh
Publisher : Springer
Page : 528 pages
File Size : 51,5 Mb
Release : 1984-07
Category : Law
ISBN : UOM:39015048961117
Author : Niek Peters
Publisher : Maklu
Page : 280 pages
File Size : 44,8 Mb
Release : 2017-10-30
Category : Arbitration and award
ISBN : 9789046609118
Written from a comparative perspective, with an eye for international conventions and instruments, this book deals with the particulars of international commercial arbitration. In an easily accessible manner it amongst others considers: • the characteristics of international commercial arbitration • advantages and perceived disadvantages of international commercial arbitration • pros and cons of ad hoc and institutional arbitration • laws applicable in international commercial arbitration • essentials of the arbitration agreement and questions of arbitrability • the establishment and composition of the tribunal • the duty to disclose conflicts of interests and the challenge of arbitrators • the end of the arbitrators’ mandate and their replacement • the organisation of the arbitration • powers, duties and liability of arbitrators • the jurisdiction of arbitrators • the course of the arbitration proceedings, from the request for arbitration to the award, including questions of evidence and document production • the form and contents of awards • recognition, enforcement and annulment of awards Everything is presented practically and analytically, amongst others drawing on case law different and the experience of the author. Where indicated national arbitration acts as well as various predrafted arbitration rules are compared and differences are highlighted. For those who want to get acquainted with international commercial arbitration or seek guidance with regard to a specific question that may arise in the course of an international commercial arbitration this book provides a convenient work.
Author : David Eisenberg
Publisher : OUP Oxford
Page : 470 pages
File Size : 43,7 Mb
Release : 2012-03-22
Category : Law
ISBN : 9780191630897
This work is a practical and commercial guide to the fundamental principles of Islamic finance and their application to Islamic finance transactions. Islamic finance is a rapidly expanding, global industry and this book is designed to provide a practical treatment of the subject. It includes discussion and analysis of the negotiation and structure involved in Islamic finance transactions, with relevant case studies, structure diagrams and precedent material supporting the commentary throughout. An introductory section describes the theoretical background and explains the principles (and their sources) of Islamic law which underpin Islamic finance practices, providing an important backdrop to the work as a whole. The work also considers the role of Shariah supervisory boards, Islamic financial institutions and the relevance of accounting approaches. The work adopts an international perspective to reflect the pan-global nature of the industry and accepted practices, with the aim to bring together different schools of thought applied in international Islamic finance transactions. It also highlights any regional differences in accepted practice by reviewing the position in the Gulf states, Asia, the UK and Europe and the USA. The second part of the book concentrates on Islamic financial law in practice and begins with a section on financial techniques. This section explains the basic requirements for Islamic finance contracts both in terms of the underlying asset types and also both the applicability and acceptability of the underlying asset. There is a full discussion of the various types of contractual models such as Mudaraba (trustee finance), Musharaka (partnership or joint venture), Murabaha (sale of goods), and Sukuk (participation securities: coupons etc). The nascent area of Takaful (insurance) is also covered as are matters specific to the important field of project and asset finance.
Author : Aida Maita
Publisher : Vandeplas Pub.
Page : 284 pages
File Size : 48,7 Mb
Release : 2013
Category : Law
ISBN : 1600422128
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.
Author : George A. Bermann
Publisher : BRILL
Page : 648 pages
File Size : 46,8 Mb
Release : 2017-05-15
Category : Law
ISBN : 9789004348271
No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration’s dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges. Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of “soft law”, some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.
Author : Maria Bhatti
Publisher : Routledge
Page : 290 pages
File Size : 55,5 Mb
Release : 2018-09-27
Category : Business & Economics
ISBN : 9780429888212
This book examines the intersection between contemporary International Commercial Arbitration and Shari?a law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari?a, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shari?a and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the ‘Shari’a Standards’ developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.
Author : Richard Chernick,Daniel M. Kolkey,Barbara Reeves Neal
Publisher : Juris Publishing, Inc.
Page : 1198 pages
File Size : 40,9 Mb
Release : 2012-04-01
Category : Law
ISBN : 9781933833750
The Practitioner's Handbook on International Arbitration and Mediation, 3rd Edition is a unique work with each chapter written by a well-known practitioner and expert in the field. It covers each step of the international arbitration and mediation process and offers separate chapters that summarize the laws of leading arbitral venues. This Handbook is intended to make the reader into a better practitioner or arbitrator/mediator. Moreover, each chapter has been written to provide practical advice and guidance. Unlike many works with multiple authors, this work is not simply a collection of essays on a general subject. This book is a unified work with cross references among the chapters and a consistent format throughout. The Practitioner's Handbook is divided into three parts. Part One describes in detail each step of the international arbitration process and offers tips. Part Two deals with each step and facet of an international mediation. Each of these chapters is filled with Practitioners’ Expert Commentary. Part Three summarizes the laws of leading arbitral jurisdictions, like Hong Kong, England, Switzerland, and France. These chapters give you detailed guidance on the laws governing international arbitration in that particular jurisdiction. As a result, the chapters in Part Three are a bit more technical as the authors realized that the reader would need citations to and commentary on the local arbitration statutes and rules. The CD ROM that accompanies this Work contains relevant original source material that is germane to the text. A review of the table of contents of the material contained on the CD ROM will acquaint you with the range of material covered.
Author : Hossein Esmaeili,Vivienne Brand,Susan L. Karamanian
Publisher : Taylor & Francis
Page : 367 pages
File Size : 48,5 Mb
Release : 2024-06-28
Category : Law
ISBN : 9781040039595
This book provides an interdisciplinary analysis of trade relations with the Middle East and Arab countries from the perspectives of law, business, policy and culture in the Middle East and the Arab world and their interaction with the wider world, particularly Western countries. The rapidly evolving economy of the Middle East and the Arab region is undergoing significant change, and establishing modern foreign ownership law, robust company, business and investment regulations, modern legal professions while keeping its basic traditional and Islamic principles. This book covers a number of important theoretical and practical aspects of commercial and trade relationships and law. It examines case studies of trade and investment relations between Arab and Middle Eastern countries and Western Countries, such as Australia, UK and US, touching on such topics as corporation law, arbitration and foreign judgments, future mobility and disruptive technology law, financial services law, charity law, trusts and cultural law. Exploring emerging trade and investment ties between Arab and Middle Eastern countries and Western countries, it will be of interest to students, academics and practitioners with an interest in international trade and investment law.
Author : Samir A. Saleh
Publisher : Hart Publishing
Page : 507 pages
File Size : 49,8 Mb
Release : 2006-01-01
Category : Law
ISBN : 1841134449
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 : Shahla Ali,Bruno Jetin,Luke Nottage,Nobumichi Teramura
Publisher : Kluwer Law International B.V.
Page : 313 pages
File Size : 48,7 Mb
Release : 2020-12-10
Category : Law
ISBN : 9789403528632
International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.