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.
Rezensionen / Stimmen
"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"One of the major additions of Mrs Najjar's book is that it offers a rare glimpse into a large number of unpublished court decisions and arbitral awards.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)
Reihe
Auflage
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Produkt-Hinweis
Fadenheftung
Gewebe-Einband
Maße
Höhe: 239 mm
Breite: 170 mm
Dicke: 74 mm
Gewicht
ISBN-13
978-90-04-35747-1 (9789004357471)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Nathalie Najjar has a PhD from Paris II (Pantheon-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.
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
