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Vol 23 No 6 June/July 2018

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Judiciary and Arbitration in Bahrain: A Historical and Analytical Study

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ISBN13: 9789041122179
ISBN: 9041122176
Published: January 2003
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £171.00

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Law of the Middle East / Commercial Law Although Bahrain has had an established system of law courts since 1771, it was only in the course of the twentieth century that it gradually developed a full-fledged legal system compatible with international norms. Today, like the other Gulf states, its sophisticated judiciary represents a blend of Islamic Shari'a, British common law, and modern reforms drawn principally from Egypt's civil law-influenced tradition. In recent decades, arbitration has also taken its place as an important adjunct to the judiciary.

This definitive study and analysis of the Bahrain judicial system is of enormous value to anyone possessing or seeking a legal presence in Bahrain, or indeed in any of the Gulf states. It provides detailed descriptions of all the essential elements, including the following: the constitutional exemptions and restrictions of the judiciary; securing right to litigation; sources of law, including the law of commerce; distinctions among the various ordinary and special courts of law; international jurisdiction; legal practice conditions; courts' administration; and arbitration.

The rich historical background provided by Dr. Radhi underpins and clarifies every step of his thorough analysis of the current judicial system in Bahrain. Judiciary and Arbitration in Bahrain will be especially valuable to company lawyers for the masterful way it sheds light on the legal nuances of the layered and interdependent judicial systems peculiar to the Gulf states.

It is sure to be put to good use not only in Bahrain, but in Oman, Qatar, the United Arab Emirates, and Kuwait as well - all countries of major significance in global trade.

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Other Jurisdictions , Middle East
List of Abbreviations.
Note on Transliteration of Arabic.
Part I: The Origins of the Modern Judicial System.
1. Bahrain before the Al Khalifa.
2. From the Arrival of the Al Khalifa until the Beginning of the Twentieth Century.
3. Early Twentieth Century to the Reforms in the Twenties.
4. The Establishment and Development of the National Judiciary.
5. The Organised National Movement, the Advisor and the Judiciary.
Part II: The Modern Judicial System.
6. Origin of the Modern System and General Features.
7. The Hierarchy of the Courts.
8. The Judiciary.
9. Arbitration.
10. Conclusion.