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Commercial Arbitration in the Arab Middle East Volume 2: Jordan, Kuwait, Bahrain, and Saudi Arabia 2nd ed

Edited by: Samir Saleh

ISBN13: 9781907229138
Published: December 2011
Publisher: Aseanlex Ltd
Country of Publication: UK
Format: Hardback
Price: £205.00



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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. The companion edition was published in 2006, and covered the Shari’a, Syria, Lebanon and Egypt

The new companion volume, covering Jordan, Kuwait, Bahrain and Saudi Arabia 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.

Detailed discussion of the law and practice is supported by extensive footnotes, and by the author’s own translations into English of the current laws.

Subjects:
Other Jurisdictions , Arbitration and Dispute Resolution, Islamic Law
Contents:
JORDAN
Introduction: Mr Sami Habayeh, Advocate, Amman
1.Law of arbitration, sources, main influences, features
2.Arbitration institutions and practice
3.The Arbitration Law of 2001, definitions, scope of application, general provisions
4.Arbitrator qualifications, appointment, remuneration, disqualification, challenge, liability, termination of office
5.Arbitrability of disputes
6.Capacity and authority of parties
7.The arbitration agreement: definitions, content, conditions as to form and substance, effects, autonomy and severability of arbitration clauses, interim and conservatory measures, judge of urgent matters
8.Types of arbitration, applicable law, arbitral proceedings
9.Court intervention
10.The award
11.The action for setting aside
12.Exequatur of domestic & foreign awards
13.International and inter-Arab conventions and treaties pertaining to the enforcement of awards
Translations into English of: Arbitration Law no 31 of 14 June 2001 and Law no 8 of 1952 The Enforcement of Foreign Judgments (Awards)
KUWAIT
Introduction:Mr Ian Edge, Barrister, London, Visiting Lecturer in Law, School of Oriental & African Studies, University of London
1.Law of arbitration, sources, main influences, features
2.Arbitration institutions and practice
3.Arbitrator capacity and qualifications, appointment, remuneration, disqualification, challenge, liability, termination of office
4.Arbitrability of disputes
5.Capacity and authority of parties
6.The arbitration agreement: definitions, content, conditions as to form and substance, effects, autonomy and severability of arbitration clauses, interim and conservatory measures, judge of urgent matters
7.Types of arbitration, applicable law, arbitral proceedings
8.Court intervention
9.The award
10.Methods of judicial review
11.Exequatur of domestic awards
12.Exequatur of foreign and international awards
Translations into English of extracts from the Code of Civil & Commercial Procedure of 25 June 1980 as amended by Law no 36 of 2002, and Law no 11 of 28 February 1995 on Judicial Arbitration in Civil and Commercial Matters
BAHRAIN
Introduction: Mr Hassan Radhi, Advocate, Bahrain
Part 1: Domestic Arbitration
1.Law of arbitration, sources, main influences, features
2.Arbitration institutions and practice
3.Arbitrator capacity and qualifications, appointment, remuneration, disqualification, challenge, liability, termination of office
4.Arbitrability of disputes
5.Capacity and authority of parties
6.The arbitration agreement: definitions, content, conditions as to form and substance, effects, autonomy and severability of arbitration clauses, interim and conservatory measures, judge of urgent matters
7.Types of arbitration, applicable law, arbitral proceedings
8.Court intervention
9.The award
10.Methods of judicial review
11.Exequatur of domestic awards
Part 2: International Aspects
1.International Commercial Arbitration, the Bahrain Centre
2.Exequatur of foreign and international awards
3.Inter-Arab conventions and treaties pertaining to the enforcement of awards
Translations into English of extracts from the Code of Civil & Commercial Procedure of 22 July 1971 and
Law no 9 of 17 August 1994 incorporating the UNCITRAL Model Law on international Commercial Arbitration
Appendices:
UNCITRAL Model Law on International Commercial Arbitration
UNCITRAL Arbitration Rules of 20 May 1993
SAUDI ARABIA
Introduction: H.H. Dominique Hascher, Court of Cassation, Paris
1.Law of arbitration, sources, general features, interrelation between the law and the Shari’a
2.Arbitration institutions and practice
3.Arbitrator capacity and basic conditions, qualifications, challenge, appointment, remuneration, liability, termination of office
4.Arbitrability of disputes
5.Capacity and authority of parties
6.The arbitration agreement: definitions, content, conditions as to form and substance, effects, autonomy and severability of arbitration clauses, interim and conservatory measures, judge of urgent matters
7.Types of arbitration, applicable law, arbitral proceedings
8.Court intervention
9.The award
10.Judicial review
11.Enforcement of domestic awards
12.International aspects
Translations into English of Regulations on Arbitration, Royal Decree M/46 of 12.07.1403 (1983) and
Implementing Regulations of Decree M/46: Decree 1.2021/11 (1985)
Glossary of Arabic Terms
Bibliography
Index