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Arbitration and International Trade in the Arab Countries

Arbitration and International Trade in the Arab Countries

  • 作者:
  • 出版商: Brill Nijhoff
  • ISBN: 9789004357471
  • 出版时间 December 2017
  • 规格: Hardback
  • 适应领域: Netherlands ? 免责申明:
    Countri(es) stated herein are used as reference only
¥4,700.00
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  • 描述 
  • 大纲 
  • 详细

    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.

  • Preface
    Acknowledgement
    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
    Conclusion
    Index

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