Subjects:

Arbitration and Dispute Resolution, Islamic Law

The people of the southern Mediterranean have long recognized the fundamental value of commercial dispute resolution. Arbitration – tahkeem – is mentioned in the Quran. The sulh, a formalized process of dispute resolution recognized by Islamic law, has roots in local village and tribal practices. Current pressures of economic globalization, however, are leading the people in the region to modify their traditional approaches to dispute resolution in the commercial field through the adoption of modern arbitration and Alternative Dispute Resolution (ADR) techniques such as mediation.

In this highly informative and very useful book, thirty-three local experts describe the ongoing process of adopting and adapting modern techniques of dispute resolution for economic and commercial matters in Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Syria, Tunisia, Turkey, and the West Bank and Gaza Strip. Each chapter illustrates multiple techniques, including court processes as well as arbitration and mediation processes, against the backdrop of economic and legislative changes that have occurred region-wide since the late twentieth century.

The country-by-country presentations are especially valuable for their emphasis on how local ADR practices deal with, or are affected by, such factors as the following:-

• civil procedure codes;
• international conventions;
• international enforcement of awards;
• appeals;
• qualifications of arbitrators and mediators;
• rules of local, regional, and international ADR institutions;
• costs;
• involvement of the judiciary;
• cultural aspects;
• and regional and international trade agreements.

The books of the Global Trend series serve as valuable resources for dispute resolution practitioners and academics, international lawyers, corporate counsel, policy makers, business people, and students. They will also be of interest to anyone wanting to learn more about the nature of mediation and other ADR processes in various parts of the world.