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Arbitration and International Trade in the Arab Countries: Brill's Arab and Islamic Laws Series, cartea 13

Autor Nathalie Najjar
en Limba Engleză Hardback – 5 dec 2017
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.

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Specificații

ISBN-13: 9789004357471
ISBN-10: 9004357475
Pagini: 1322
Dimensiuni: 155 x 235 x 74 mm
Greutate: 2.28 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Brill's Arab and Islamic Laws Series


Cuprins

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
IThe Main Features of Sharia
IIScope of Sharia
Section II Opening of the Arab Countries to Western Laws
IHistorical Factors
IICodifications of Independence

2 Arab Laws and Practice of Arbitration
Section I National Laws
IIslamic Arbitration
IISecular Laws Inspired by the West
IIIEnshrining of Arbitration in the Arab Laws Encouraging Investment
Section II Multilateral Treaty Law
IGlobal Conventions
IIRegional Treaty Law
Section III Arab Arbitration Practice
IThe “Oil awards”
IIThe Rise of Institutional Arbitration in Arab Countries
IIIThe 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 IThe Effectiveness of the Arbitration Clause
Subsection IICompulsory Institutionalised Arbitration
Subsection IIIThe Field of Arbitration
Section II The Freedom to Organize International Arbitration
Subsection IThe Choice of Arbitrators
Subsection IIThe Choice of the Procedure
Subsection IIIThe Selection of the Rules Applicable to the Merits

2 Autonomy of the International Arbitrator
Section I The Arbitrator’s Competence over His Jurisdiction
Subsection IThe Positive Effect of the Rule
Subsection IINegative Effect of the Rule
Section II The Arbitrator’s Autonomy in the International Arbitration Procedure
Subsection IThe Arbitrator’s Autonomy with Regard to the Law of the Seat
Subsection IIExtent of Powers of the International Arbitrator
Section III Autonomy of the Arbitrator in Settling the Merits of the Dispute
Subsection IThe Choice by the Arbitrator of the Rules of Law Applicable to the Merits
Subsection IIThe 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 IThe Obligations of Independence and Impartiality
Subsection IIThe Obligation of Disclosure
Section II The Fight against Delaying Tactics
Subsection ITactics Used by the Parties
Subsection IIThe Arbitrators’ Delaying Tactics

2 Safety of International Arbitration
Section I The Efficiency of Awards Rendered in the Arab Countries
Subsection IModern Law Systems
Subsection IITraditional Laws
Section II The Efficiency of Awards Rendered Abroad
Subsection IAwards Not Governed by the New York Convention
Subsection IIAwards Governed by the New York Convention

Conclusion

Index

Recenzii

"Nathalie Najjar has assembled a masterful compendium of arbitration law in the Arab countries with the publication of this book. A true study of comparative law in the purest sense of the term [...] This study of comparative law constitutes an essential guide to understanding the arbitration laws of the Arab countries."
~ Emmanuel Gaillard, Professor Emeritus at Sciences Po Law School; Head, International Arbitration Group, Shearman & Sterling

"One of the major additions of Mrs Najjar’s book is that it offers a rare glimpse into a large number of unpublished court decisions and arbitral awards. This helps the reader understand the local courts’ position towards arbitration. In addition, the author provides a wealth of practical details relating to the conduct of arbitration proceedings in the Arab world based on numerous interviews with eminent practitioners who practice in the region.
This book is an invaluable tool to both academics and practitioners who now have an insight into the mechanics of the conduct of arbitration proceedings in the Arab world or with an Arabic connection. [...]"
~ Ahmed Abdel Hakam in: ASA Bulletin, 36/2 (June 2018)

Notă biografică

Nathalie Najjar has a PhD from Paris II (Panthéon-Assas University, 2003) where she now lectures, as well as at Saint-Joseph University (Lebanon). She is attorney at law (Beirut Bar), Secretary General of the Lebanese Review of Arab and International Arbitration and author of Arbitrage dans les pays arabes face aux exigences du commerce international (LGDJ, France, 2004) which was awarded several prizes in France and in Lebanon and of Arbitrage dans les pays arabes et commerce international (LGDJ, France, 2016). She is also the author of articles and book chapters.