Development Of A Commercial Arbitration Hub In The Middle East
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Development Of A Commercial Arbitration Hub In The Middle East
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Author : Aida Maita
language : en
Publisher:
Release Date : 2013
Development Of A Commercial Arbitration Hub In The Middle East written by Aida Maita and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Arbitration (International law) categories.
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 Uae S Pilgrimage To International Arbitration Stardom
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Author : Ahmed Almutawa
language : en
Publisher:
Release Date : 2014
The Uae S Pilgrimage To International Arbitration Stardom written by Ahmed Almutawa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
The last two decades have witnessed a growing interest and participation of the Gulf Cooperation Council (GCC) states in international arbitration as they have also joined the New York Convention and the Washington Convention. Still, scepticisms abound as to the efficacy of international arbitration in the GCC states. However, Dubai is considered to have the potential of being a Middle East business hub as it is modernising its arbitration law and practice in light of international developments. Forward thinking and innovative pro-arbitration institutions like the Dubai International Arbitration Centre (DIAC) - the leading arbitration centre in the UAE; the Dubai International Financial Centre (DIFC) - a common law free zone within Dubai with its own sets of laws, including the DIFC Arbitration Law, and its own court system (DIFC Courts) both of which are separate from Dubai and UAE laws and judicial systems; and the DIFC-LCIA Arbitration Centre, have turned Dubai into a growing propitious arbitration hub (i.e. a pro-arbitration and pro-enforcement jurisdiction) in the Middle East. While doubts continue to be raised with regard to the role and influence of the Shari'a on the arbitration process and on the enforceability of arbitral awards in Dubai, an examination of recent developments and trends in the arbitration rules and case law in Dubai reveals a promising environment for international arbitration, except for a few cases that followed formalistic grounds for denying enforcement. Recent cases from the UAE, and especially from Dubai, reveal a new attitude pervading the UAE judiciary that is more welcoming of the New York Convention and that is less likely to interfere with the merits of an arbitral award. However, the new UAE Draft Federal Arbitration Law is yet to be enacted. The article provides a critical appraisal of the recent legislative and institutional developments and international arbitral practice in the UAE and assesses Dubai's prospect to be a Middle East business hub.
Practitioner S Guide To Arbitration In The Middle East And North Africa
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Author : Essam Al Tamimi
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2009-09-01
Practitioner S Guide To Arbitration In The Middle East And North Africa written by Essam Al Tamimi and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-01 with Arbitration and award categories.
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.
Commercial Arbitration In The Arab Middle East
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Author : Samir Saleh
language : en
Publisher:
Release Date : 1984
Commercial Arbitration In The Arab Middle East written by Samir Saleh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Arbitration and award categories.
Commercial Arbitration In The Arab Middle East
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Author : Samir Saleh
language : en
Publisher: Springer
Release Date : 1984-07
Commercial Arbitration In The Arab Middle East written by Samir Saleh and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984-07 with Law categories.
International Investment Arbitration
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Author : Judge Dr Mohamed A M Ismail
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-08-28
International Investment Arbitration written by Judge Dr Mohamed A M Ismail and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-28 with Law categories.
Arbitration is the most common mechanism for disputes' settlement in developing countries. Following the move to free market economies, arbitration will play an increasingly fundamental role in order to protect foreign investors in the Middle East and North African Region (MENA). This book examines the pulse and dynamics of international investment arbitration and the new era of mediation in state contracts in the region. The author explores the harmonization of international arbitration and the sensitive issue of le Contrat Administratif in Middle East civil law countries. The volume also discusses the pivotal role of international organizations such as UNCTAD and ICSID in codifying fair and prompt mechanisms for dispute settlement. Using Latin American countries as a prime example of how international legislative instruments serve international investment law principles and comparing Latin American experiences where appropriate, the book demonstrates how lessons can be learned in respect of alternative dispute resolution, international commercial arbitration and investor-states arbitration. It provides suggestions and recommendations for the future and includes useful appendices detailing recent worldwide trends, regional and international instruments in the arbitration world.
Document Production In International Arbitration
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Author : Reto Marghitola
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2015-10-20
Document Production In International Arbitration written by Reto Marghitola and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-20 with Law categories.
Because document production can discover written evidence that would otherwise not be available, it is often the key to winning a case. However, document production proceedings can be a costly and time-consuming exercise, and arbitral awards in particular are often challenged on grounds that relate to document production orders. The task of balancing the conflicting interests of the parties in this context is a major responsibility of arbitral tribunals. This book's analysis focuses on whether there exist legal principles on which arbitrators should establish rules of document production in both civil law and common law countries, and shows how international arbitration is affected. The author examines the relevant discretion of arbitral tribunals under US, English, Swiss, German, and Austrian law, and under nine of the most important sets of institutional rules, including the ICC Rules, the LCIA Rules, and the Swiss Rules. The presentation mines case law and legal literature for concepts based on the common expectations of the parties, the legitimate expectations of a party, the duty to balance different procedural expectations of the parties, the presumed intent of the parties, the underlying hypothetical bargain, implied terms, and the arbitrators' discretion. Among the topics and issues investigated are the following: - procedural rules on document production versus procedural flexibility; - how arbitral tribunals can modify the IBA Rules on a case-by-case basis; - discretion granted by legislation in each country covered; - electronic document production; - how to deal with privilege and confidentiality objections; - how to formulate or answer document production requests; - effective sanctions in case of non-compliance with procedural orders of the arbitral tribunal; - what grounds for annulment and non-enforcement a losing party can raise in what countries. Perhaps the greatest benefit of the book is the inclusion of model clauses, commensurate with both civil law and common law expectations. The author explicates the advantages and inconveniences of each model clause, and clarifies the influence of each clause on the efficiency of the proceedings and the enforcement risk. For practitioners, the book not only gives counsel a thorough overview of possible arguments for and against document production, but also assists arbitrators find a way through the jungle of opinions on the interpretation of the IBA Rules. Legal academics will appreciate the author's deeply informed analysis and commentary and the book's contribution to increasing the predictability of arbitral decisions on document production and showing how issues in dispute can be narrowed by tailor-made rules, thus helping to raise the efficiency and reduce the costs of arbitral proceedings.
The Evolution And Future Of International Arbitration
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Author : Stavros Brekoulakis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-06-24
The Evolution And Future Of International Arbitration written by Stavros Brekoulakis and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-24 with Law categories.
The School of International Arbitration of the Centre for Commercial Law Studies at Queen Mary University of London celebrated its 30th anniversary in April 2015 with a major conference featuring presentations by 35 international arbitration practitioners and scholars from many countries representing a variety of legal systems. This volume has emerged from that conference. What is striking is not only the range and diversity of the topics examined but also the emergence of new subjects for examination, demonstrating that arbitration law and practice do not stand still but are constantly evolving. The issues and topics covered include the following: - Evolution of case law and practice in international arbitration; - The concept and autonomy of arbitral award; - Parties in international arbitration; - Parallel proceedings in international arbitration; - Court review of arbitration awards; - Geographic expansion of international arbitration; - Counsel regulation and conflicts disclosures; - The use of technology in international arbitration; - Teaching and research in international arbitration. This superbly organised and edited volume, like earlier conference volumes from the School of International Arbitration, is sure to be welcomed and acclaimed, and like them will prove of lasting value.
The Guide To Construction Arbitration
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Author : Stavros L. Brekoulakis
language : en
Publisher:
Release Date : 2024
The Guide To Construction Arbitration written by Stavros L. Brekoulakis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Construction contracts categories.
The Regulation Of International Commercial Arbitration
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Author : João Ilhão Moreira
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-07-25
The Regulation Of International Commercial Arbitration written by João Ilhão Moreira and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-25 with Law categories.
This book addresses how the regulation of international commercial arbitrators takes place. International commercial arbitrators are a unique category of service providers because they are not organised as other professionals such as accountants, lawyers and doctors. The book provides an overview of how and why the regulation of international commercial arbitrators diverged from that of other professions. It also argues that, despite these differences, there is an effective regulatory environment overseeing the behaviour of international commercial arbitrators. The book unpicks the different elements that contribute to the creation and enforcement of professional norms in this field. It explains how the specific characteristics of the arbitral market create strong incentives for ethical norms to be created, even in the absence of the institutions that usually address these issues in other fields. It also describes how market and social forces drive arbitrators to comply with these norms in most circumstances. Finally, the book addresses the ways in which this regulatory system also explains some of the perceived weaknesses of arbitration, namely the rising costs of proceedings and the perceived unfairness of appointments.