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Vol 23 No 5 May/June 2018

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Arbitration and International Trade in the Arab Countries

ISBN13: 9789004357471
Published: December 2017
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £345.00

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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.

International Trade, Other Jurisdictions , Arbitration and Dispute Resolution, Middle East
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