Arbitration and International Trade in the Arab Countries

Name: Arbitration and International Trade in the Arab Countries
Brand: Brill Nijhoff
SKU: 9789004357471
Price: 5027.40 HKD
Availability: InStock
Author: Nathalie Najjar
ISBN: 9789004357471

By Nathalie Najjar

Brill Nijhoff December 2017

Specifications

ISBN-13: 9789004357471
Publisher: Brill Nijhoff
Publication: December 2017
Format: Hardback
Jurisdiction: Netherlands ? Countri(es) for reference only

Details

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; 1.
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; 2.
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; 1.
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; 2.
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; 1.
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; 2.
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