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Arbitration and International Trade in the Arab Countries

Arbitration and International Trade in the Arab Countries

Author: Nathalie Najjar
Publisher: Brill Nijhoff
ISBN: 9789004357471
Published In: December 2017
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Arbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries.

A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous.

The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied.

The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.

Preface

Acknowledgement

List of Illustrations

General Introduction

Preliminary Part: Sources of Arbitration in the Arab Countries

Arbitration in Its Legislative Context

Section I Systems Based upon Islamic Sharia

I The Main Features of Sharia

II Scope of Sharia

Section II Opening of the Arab Countries to Western Laws

I Historical Factors

II Codifications of Independence

Arab Laws and Practice of Arbitration

Section I National Laws

I Islamic Arbitration

II Secular Laws Inspired by the West

III Enshrining of Arbitration in the Arab Laws Encouraging Investment

Section II Multilateral Treaty Law

I Global Conventions

II Regional Treaty Law

Section III Arab Arbitration Practice

I The “Oil awards”

II The Rise of Institutional Arbitration in Arab Countries

III The West, still the Leading Place for International Commercial Arbitration Involving an Arab Party

First Part: Arbitration in the Arab Countries and the Requirement of Freedom

Freedom of the Parties

Section I Free Access to Arbitration

Subsection I The Effectiveness of the Arbitration Clause

Subsection II Compulsory Institutionalised Arbitration

Subsection III The Field of Arbitration

Section II The Freedom to Organize International Arbitration

Subsection I The Choice of Arbitrators

Subsection II The Choice of the Procedure

Subsection III The Selection of the Rules Applicable to the Merits

Autonomy of the International Arbitrator

Section I The Arbitrator’s Competence over His Jurisdiction

Subsection I The Positive Effect of the Rule

Subsection II Negative Effect of the Rule

Section II The Arbitrator’s Autonomy in the International Arbitration Procedure

Subsection I The Arbitrator’s Autonomy with Regard to the Law of the Seat

Subsection II Extent of Powers of the International Arbitrator

Section III Autonomy of the Arbitrator in Settling the Merits of the Dispute

Subsection I The Choice by the Arbitrator of the Rules of Law Applicable to the Merits

Subsection II The Arbitrator Faced with the Specificity of Arab Public Policy

Second Part: Arbitration in the Arab Countries Faced with the Requirement of Safety

Safety within Arbitration

Section I Independence and Impartiality of International Arbitrators

Subsection I The Obligations of Independence and Impartiality

Subsection II The Obligation of Disclosure

Section II The Fight against Delaying Tactics

Subsection I Tactics Used by the Parties

Subsection II The Arbitrators’ Delaying Tactics

Safety of International Arbitration

Section I The Efficiency of Awards Rendered in the Arab Countries

Subsection I Modern Law Systems

Subsection II Traditional Laws

Section II The Efficiency of Awards Rendered Abroad

Subsection I Awards Not Governed by the New York Convention

Subsection II Awards Governed by the New York Convention

Conclusion

Index

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