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Commercial Arbitration in the Arab Middle East Volume 1: Shari'a, Lebanon, Syria and Egypt 2nd ed

ISBN13: 9781841134444
ISBN: 1841134449
Previous Edition ISBN: 0860104532
Published: January 2006
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £250.00

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When the first edition of this work appeared in 1984 it quickly established for itself the reputation of being not only the most complete, but also the most insightful and accurate articulation of the law in this field. As the first ever work on the subject it rapidly became a bestseller, and has remained constantly in print. However much has happened in the intervening period, and the need for a new edition has grown ever more pressing.

Following the success of the first edition, 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 all parts of the book so that it offers a fully modern account of domestic commercial arbitration practice in the Middle East. The first part of the book dealing with Shari'a, is the least changed, and continues to draw on the major sources of Shari'a, with illustrations taken from the four main schools that have the influenced its development.

This part underpins all the remaining chapters which deal in turn with different national systems, building on the discussion of Shari'a by reference to local statutes, judicial precedents and commentaries. Detailed analysis of the 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 the case and law and academic commentary in each territory.

A companion volume is published in December 2011 covering Jordan, Kuwait, Bahrain and Saudi Arabia and follows the same basic structure as the earlier editions, analysing the national arbitration systems of the four countries by reference to statutes, judicial precedents and commentaries.

Other Jurisdictions , Islamic Law, Arbitration and Alternative Dispute Resolution
1. Sharia
I. Role of Sharia in general, role of Sharia in Arab constitutions, role of Sharia in commercial arbitration
II. Main Sharia schools
III. Sharia general sources, arbitration sources and geographical scope
IV. Definition and features of arbitration in Sharia
V. Capacity of parties to enter into arbitration agreements, incapacitated persons, legal entities,
non-Muslim parties
VI. Qualifications of arbitrators
VII. The appointment, remuneration and termination of the office of arbitrator
VIII. Arbitrable disputes, arbitration clauses, arbitration agreements
IX. Number of arbitrators, applicable substantive and procedural laws, arbitration proceedings
X. Rules of evidence and the basic principles of fair trial in Sharia
XI. The concept of foreign element under sharia, arbitration clauses and arbitration agreements with foreign elements, enforcement of foreign awards
XII. Qadi's intervention, the award, binding and enforceable effects, methods of judicial review
2. Syria
Introduction-Professor Antoine Kassis
Part I: Domestic Law
I. Law of arbitration, sources, main influence, features
II. Institutional arbitration and practice
III. Arbitrators' qualifications, appointment, remuneration, disqualification, challenge, liability, termination of office
IV. Arbitrability of disputes
V. Capacity of parties
VI. Arbitration clauses and arbitration agreements
VII. Effect of arbitration clauses and arbitration agreements (compromis)
VIII. Types of arbitration, applicable law, arbitral proceedings
IX. Court intervention
X. The award
XI. Methods of judicial review
XII. Exequatur of domestic awards
Part II: International Aspects
I. Definition and features
II. International arbitration: the Syrian outlook
III. The recognition of international arbitration
IV. The doctrinal controversy over the recognition of the New
York Convention of 10 June 1958
V. Exequatur of foreign awards
VI. The Conseil d'Etat's over-extended jurisdiction over
domestic and foreign awards and its interpretation of
article 44 of Legislative Decree No 55 of 1959
VII. International and inter-Arab treaties and conventions
pertaining to the enforcement of arbitral awards
3. Lebanon
Introduction - Professor Sélim Jahel
Part I: Domestic Law
The domestic law section for the Lebanon follows the same structure as that for Syria (see above)
Part II: International Aspects
I. Definition of international arbitration
II. Arbitrator's qualification, nationality, appointment, remuneration, disqualification, replacement, termination of office
III. Arbitrability of dispute
IV. Capacity, authority
V. Arbitration agreements
VI. Effect of arbitration agreements
VII. Types of arbitration, applicable law and procedure
VIII. Court intervention
IX. The award
X. Action for setting aside international and foreign awards
XI. Recognition and enforcement of international and foreign awards
XII. Methods of judicial review against decisions for recognition and/or exequatur of international and foreign awards
XIII. International and inter-Arab treaties and conventions pertaining to the recognition and exequatur of arbitral awards.
4. Egypt
Introduction - Mark Hoyle
I. Law of arbitration: sources, general features
II. Arbitration institutions and practice
III. Law No 27 of 1994: general definitions, scope of application, preliminary and general provisions
IV. Arbitrators' capacity and qualifications, appointment, remuneration, disqualification, challenge, liability, termination of office
V. Arbitrability of disputes
VI. Capacity of parties, authority
VII. The arbitration agreement: definition, contents, conditions as to form and substance, effects, interim and conservatory measures, autonomy and severability of arbitration clauses
VIII. Types of arbitration, applicable law, arbitral proceedings
IX. Court intervention
X. The award
XI. The action for setting aside
XII. Exequatur
XIII. International and inter-Arab conventions
Glossary of Arabic Terms