Arbitration with the Arab Countries

Name: Arbitration with the Arab Countries
Brand: Kluwer Law International
Price: 293.99 EUR
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Abdel Hamid El-Ahdab Jalal El-Ahdab(Herausgeber*in)

Kluwer Law International (Verlag)

3. Auflage

Erschienen am 25. Juli 2011

1252 Seiten

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Inhalt

Intro
Title Page
Copyright Page
About the Authors
Summary of Contents
Table of Contents
Foreword
Preface
Chapter 1: Islamic Law and Arbitration
I General Overview
A Historical Overview: The Legal and Judicial System
1 The "Kadi" or Ordinary Justice
2 "Mazalim" or Extraordinary Justice
B Arbitration in Islamic Law
1 The Pre-Islamic Period
2 The Islamic Concept of Arbitration
a The Scope of Arbitration
b The Concept
c Arbitration in the Four Major Islamic Doctrines
i The Hanafi Doctrine
ii The Shafi'i Doctrine
iii The Maliki Doctrine
iv The Hanbali Doctrine
3 The Rules of Arbitration and the Evolution of Law
4 Arbitration in the "Medjella"
II The Arbitration Agreement
A Validity of Arbitration Clauses and Arbitration Submission Agreements
1 The Classical Doctrine: Arbitration Submission Agreements Are Not among the Nominate Contracts and Thus Are Not Binding
2 The "Medjella": Conditions for the Validity of Arbitration Submission Agreements
3 The Modern Trend of the "Fiqh": Arbitration Submission Agreements are Binding Contracts
B Form of the Arbitration Agreement
C Capacity
1 Outline of the Legal System of Capacity in Islamic Law 25
2 Capacity to Enter into Arbitration Agreements in Islamic Law
a Majority
b Capacity and the Influence of Factors Other than Age
i Debtors
ii Capacity of Women
iii Non-Muslims
3 Juristic Persons
a Establishments with a Religious or Public Purpose and "Bulks of Property" with the Same Purpose
b Groups of Individuals and Associations
D Arbitrability
III The Arbitrators
A Number of Arbitrators
B Appointment
C Capacity
D Termination of Mission
IV The Proceedings
A Law Applicable to the Procedure
B Seat of Arbitration
C Witnesses
D Oral Hearings
E Time-Periods
F The End of the Proceedings
V The Award
A Law Applicable to the Merits
B Majority
C Form and Contents of the Award
D Res Judicata
E Correction and Interpretation of the Award: Additional Award
VI Enforcement of Arbitral Awards
A In Domestic Arbitration
B In International Arbitration
VII Means of Recourse
A Opposition
B Appeal
C Revision
D Setting Aside
1 Grounds for Setting Aside
2 The Court Having Jurisdiction
3 Time-Limits and Procedure
4 Effects
Chapter 2: Arbitration in Algeria53
I General Overview
A Historical Overview: The Legal and Judicial System
1 The Laws
2 The Courts
B Arbitration in Algeria
II The Arbitration Agreement
A Validity of Arbitration Clauses and Arbitration Submission Agreements
1 In Domestic Arbitration
2 In International Arbitration
B Form of the Arbitration Agreement
1 In Domestic Arbitration
2 In International Arbitration
C Incorporation by Reference
1 In Domestic Arbitration
2 In International Arbitration
D Capacity
1 In Domestic Arbitration
2 In International Arbitration
E The Agreement and the Subject-Matter of the Dispute
1 In Domestic Arbitration
2 In International Arbitration
F Arbitrability
1 In Domestic Arbitration
2 In International Arbitration
G Autonomy
1 In Domestic Arbitration
2 In International Arbitration
H Effects
1 In Domestic Arbitration
2 In International Arbitration
III The Arbitrators
A Number of Arbitrators
1 In Domestic Arbitration
2 In International Arbitration
B Appointment
1 In Domestic Arbitration
2 In International Arbitration
C Capacity
1 In Domestic Arbitration
2 In International Arbitration
D Termination of Mission
1 In Domestic Arbitration
2 In International Arbitration
IV The Proceedings
A Law Applicable to the Procedure
1 In Domestic Arbitration
2 In International Arbitration
B Seat of Arbitration
1 In Domestic Arbitration
2 In International Arbitration
C Language of Arbitration
1 In Domestic Arbitration
2 In International Arbitration
D Waiver
1 In Domestic Arbitration
2 In International Arbitration
E Interim and Conservatory Measures
1 In Domestic Arbitration
2 In International Arbitration
F Experts
1 In Domestic Arbitration
2 In International Arbitration
G Witnesses
1 In Domestic Arbitration
2 In International Arbitration
H Statements of Claim and Defense
1 In Domestic Arbitration
2 In International Arbitration
I Oral Hearings
1 In Domestic Arbitration
2 In International Arbitration
J Time-Periods
1 In Domestic Arbitration
2 In International Arbitration
K Stay and Interruption of the Proceedings
1 In Domestic Arbitration
2 In International Arbitration
L The End of the Proceedings
1 In Domestic Arbitration
2 In International Arbitration
V The Award
A Law Applicable to the Merits
1 In Domestic Arbitration
2 In International Arbitration
B Majority
1 In Domestic Arbitration
2 In International Arbitration
C Form and Contents of the Award
1 In Domestic Arbitration
2 In International Arbitration
D Deposit
1 In Domestic Arbitration
2 In International Arbitration
E Res Judicata
1 In Domestic Arbitration
2 In International Arbitration
F Correction and Interpretation of the Award: Additional Award
1 In Domestic Arbitration
2 In International Arbitration
VI Enforcement of Arbitral Awards
A In Domestic Arbitration
B In International Arbitration
VII Means of Recourse
A Opposition
1 In Domestic Arbitration
2 In International Arbitration
B Appeal
1 In Domestic Arbitration
2 In International Arbitration
C Revision
1 In Domestic Arbitration
2 In International Arbitration
D Setting Aside
1 In Domestic Arbitration
2 In International Arbitration
a Grounds for Setting Aside
b The Court Having Jurisdiction
c Time-Limits and Procedure
d Effects
Chapter 3: Arbitration in Bahrain101
I General Overview
A Historical Overview: The Legal and Judicial System
B Arbitration in Bahrain
1 In Domestic Arbitration
2 In International Arbitration
II The Arbitration Agreement
A Validity of Arbitration Clauses and Arbitration Submission Agreements
1 In Domestic Arbitration
2 In International Arbitration
B Form of the Arbitration Agreement
1 In Domestic Arbitration
2 In International Arbitration
C Incorporation by Reference
1 In Domestic Arbitration
2 In International Arbitration
D Capacity
1 In Domestic Arbitration
2 In International Arbitration
E The Agreement and the Subject-Matter of the Dispute
1 In Domestic Arbitration
2 In International Arbitration
F Arbitrability
1 In Domestic Arbitration
2 In International Arbitration
G Autonomy
1 In Domestic Arbitration
2 In International Arbitration
H Effects
1 In Domestic Arbitration
2 In International Arbitration
III The Arbitrators
A Number of Arbitrators
1 In Domestic Arbitration
2 In International Arbitration
B Appointment
1 In Domestic Arbitration
2 In International Arbitration
C Capacity
1 In Domestic Arbitration
2 In International Arbitration
D Termination of Mission
1 In Domestic Arbitration
2 In International Arbitration
IV The Proceedings
A Law Applicable to the Procedure
1 In Domestic Arbitration
2 In International Arbitration
B Seat of Arbitration
1 In Domestic Arbitration
2 In International Arbitration
C Language of Arbitration
1 In Domestic Arbitration
2 In International Arbitration
D Waiver
1 In Domestic Arbitration
2 In International Arbitration
E Interim and Conservatory Measures
1 In Domestic Arbitration
2 In International Arbitration
F Experts
1 In Domestic Arbitration
2 In International Arbitration
G Witnesses
1 In Domestic Arbitration
2 In International Arbitration
H Statements of Claim and Defense
1 In Domestic Arbitration
2 In International Arbitration
I Oral Hearings
1 In Domestic Arbitration
2 In International Arbitration
J Time-Periods
1 In Domestic Arbitration
2 In International Arbitration
K Stay and Interruption of the Proceedings
1 In Domestic Arbitration
2 In International Arbitration
L The End of the Proceedings
1 In Domestic Arbitration
2 In International Arbitration
V The Award
A Law Applicable to the Merits
1 In Domestic Arbitration
2 In International Arbitration
B Majority
1 In Domestic Arbitration
2 In International Arbitration
C Form and Contents of the Award
1 In Domestic Arbitration
2 In International Arbitration
D Deposit
1 In Domestic Arbitration
2 In International Arbitration
E Res Judicata
1 In Domestic Arbitration
2 In International Arbitration
F Correction and Interpretation of the Award: Additional Award
1 In Domestic Arbitration
2 In International Arbitration
VI Enforcement of Arbitral Awards
A In Domestic Arbitration
B In International Arbitration
VII Means of Recourse
A Opposition
1 In Domestic Arbitration
2 In International Arbitration
B Appeal
1 In Domestic Arbitration
2 In International Arbitration
C Revision
1 In Domestic Arbitration
2 In International Arbitration
D Setting Aside
1 In Domestic Arbitration
a Grounds for Setting Aside
b The Court Having Jurisdiction
c Time-Limits and Procedure
d Effects
2 In International Arbitration
a Grounds for Setting Aside
b The Court Having Jurisdiction
c Time-Limits and Procedure
d Effects
Chapter 4: Arbitration in Egypt
I General Overview
A Historical Overview: The Legal and Judicial System
B Arbitration in Egypt
II The Arbitration Agreement
A Validity of Arbitration Clauses and Arbitration Submission Agreements
B Form of the Arbitration Agreement
C Incorporation by Reference
D Capacity
1 Capacity of Public Legal Entities
2 Capacity of Private Law Persons
E The Agreement and the Subject-Matter of the Dispute
F Arbitrability
G Severability and Autonomous Nature of the Arbitration Clause
H Effects
III The Arbitrators
A Number of Arbitrators
B Appointment
C Capacity
D Termination of Mission
IV The Proceedings
A Law Applicable to the Procedure
B Seat of Arbitration
C Language of Arbitration
D Waiver
E Interim and Conservatory Measures
F Experts
G Witnesses
H Statements of Claim and Defense
I Oral Hearings
J Time-Periods
K Stay and Interruption of the Proceedings
L The End of the Proceedings
V The Award
A Law Applicable to the Merits
B Majority
C Form and Contents of the Award
D Deposit
E Res Judicata
F Correction and Interpretation of the Award: Additional Award
VI Enforcement of Arbitral Awards
A In Domestic Arbitration
B In International Arbitration
VII Means of Recourse
A Opposition
B Appeal
C Revision
D Setting Aside
1 Grounds for Setting Aside
2 The Court Having Jurisdiction
3 Time-Limits and Procedure
4 Effects
Chapter 5: Arbitration in Iraq
I General Overview
A Historical Overview: The Legal and Judicial System
1 The Laws
2 The Courts
B Arbitration in Iraq
1 The Features of the Optional Arbitration System
2 Compulsory Arbitration
3 International Arbitration
II The Arbitration Agreement
A Validity of Arbitration Clauses and Arbitration Submission Agreements
B Form of the Arbitration Agreement
C Incorporation by Reference
D Capacity
E The Agreement and the Subject-Matter of the Dispute
F Arbitrability
G Autonomy
H Effects
III The Arbitrators
A Number of Arbitrators
B Appointment
C Capacity
D Termination of Mission
1 Compulsory
2 Discretionary
IV The Proceedings
A Law Applicable to the Procedure
B Seat of Arbitration
C Language of Arbitration
D Waiver
E Interim and Conservatory Measures
F Experts
G Witnesses
H Statements of Claim and Defense
I Oral Hearings
J Time-Periods
K Stay and Interruption of the Proceedings
L The End of the Proceedings
V The Award
A Law Applicable to the Merits
B Majority
C Form and Contents of the Award
1 A Copy of the Agreement to Arbitrate
2 The Claims of the Parties
3 The Reasons for the Award
4 Findings of the Award
5 Place and Date of the Award
6 Signature of the Arbitrators
D Deposit
E Res Judicata
F Correction and Interpretation of the Award: Additional Award
VI Enforcement of Arbitral Awards
A In Domestic Arbitration
B In International Arbitration
VII Means of Recourse
A Opposition
B Appeal
C Revision
D Setting Aside
1 Grounds for Setting Aside
2 The Court Having Jurisdiction
3 Time-Limits and Procedure
4 Effects
Chapter 6: Arbitration in the Hashemite Kingdom of Jordan
I General Overview
A Historical Overview: The Legal and Judicial System
1 The Laws
2 The Courts
B Arbitration in The Hashemite of Jordan
II The Arbitration Agreement
A Validity of Arbitration Clauses and Arbitration Submission Agreements
B Form of the Arbitration Agreement
C Incorporation by Reference
D Capacity
E The Agreement and the Subject-Matter of the Dispute
F Arbitrability
G Autonomy
H Effects
III The Arbitrators
A Number of Arbitrators
B Appointment
C Capacity
D Termination of Mission
IV The Proceedings
A Law Applicable to the Procedure
B Seat of Arbitration
C Language of Arbitration
D Waiver
E Interim and Conservatory Measures
F Experts
G Witnesses
H Statements of Claim and Defense
I Oral Hearings
J Time-Periods
K Stay and Interruption of the Proceedings
L The End of the Proceedings
V The Award
A Law Applicable to the Merits
B Majority
C Form and Contents of the Award
D Deposit
E Res Judicata
F Correction and Interpretation of the Award: Additional Award
VI Enforcement of Arbitral Awards
A In Domestic Arbitration
B In International Arbitration
VII Means of Recourse
A Opposition
B Appeal
C Revision
D Setting Aside
1 Grounds for Setting Aside
2 The Court Having Jurisdiction
3 Time-Limits and Procedure
4 Effects
Chapter 7: Arbitration in Kuwait
I General Overview
A Historical Overview: The Legal and Judicial System
1 The Laws
2 The Courts
B Arbitration in Kuwait
1 A Mixed Arbitration
2 A Hybrid System
3 A Specialized Arbitration for Determined Disputes, without a Compulsory Arbitration Agreement
4 An Important Initiative
II The Arbitration Agreement
A Validity of Arbitration Clauses and Arbitration Submission Agreements
B Form of the Arbitration Agreement
C Incorporation by Reference
D Capacity
E The Agreement and the Subject-Matter of the Dispute
F Arbitrability
1 Bankruptcy
2 Trademarks
3 Commercial Representation
G Autonomy
H Effects
III The Arbitrators
A Number of Arbitrators
B Appointment
C Capacity
D Termination of Mission
1 Reasons for Disqualification
2 Reasons for Challenge
IV The Proceedings
A Law Applicable to the Procedure
B Seat of Arbitration
C Language of Arbitration
D Waiver
E Interim and Conservatory Measures
F Experts
G Witnesses
H Statements of Claim and Defense
I Oral Hearings
J Time-Periods
K Stay and Interruption of the Proceedings
L The End of the Proceedings
V The Award
A Law Applicable to the Merits
B Majority
C Form and Contents of the Award
D Deposit
E Res Judicata
F Correction and Interpretation of the Award: Additional Award
VI Enforcement of Arbitral Awards
A In Domestic Arbitration
B In International Arbitration
VII Means of Recourse
A Opposition
B Appeal
C Revision
D Setting Aside
1 Grounds for Setting Aside
2 The Court Having Jurisdiction
3 Time-Limits and Procedure
4 Effects
Chapter 8: Arbitration in Lebanon337
I General Overview
A Historical Overview: The Legal and Judicial System
1 The Laws
2 The Courts
B Arbitration in Lebanon
1 The Main Characteristics of the Lebanese Arbitration System
2 International Arbitration in the Lebanese Arbitration Act
a Defining International Arbitration
i The Geographical Criterion
ii An Economic Criterion
b Defining International Trade
II The Arbitration Agreement
A Validity of Arbitration Clauses and Arbitration Submission Agreements
1 In Domestic Arbitration
2 In International Arbitration
B Form and Scope of the Arbitration Agreement
1 In Domestic Arbitration
2 In International Arbitration
C Incorporation by Reference
1 In Domestic Arbitration
2 In International Arbitration
D Capacity
1 In Domestic Arbitration
2 In International Arbitration
E The Agreement and the Subject-Matter of the Dispute
1 In Domestic Arbitration
2 In International Arbitration
F Arbitrability
1 In Domestic Arbitration
2 In International Arbitration
G Autonomy
1 In Domestic Arbitration
2 In International Arbitration
H Effects
1 In Domestic Arbitration
2 In International Arbitration
III The Arbitrators
A Number of Arbitrators
1 In Domestic Arbitration
2 In International Arbitration
B Appointment
1 In Domestic Arbitration
2 In International Arbitration
C Capacity
1 In Domestic Arbitration
2 In International Arbitration
D Termination of Mission
1 In Domestic Arbitration
a Dismissal of an Arbitrator
b Challenge of an Arbitrator
i Suspension of Time-Limits and Stay of Arbitration
ii The Arbitrator Must Inform the Parties of Any Ground for Challenge upon his Appointment
iii The Time-Limit for Challenge
iv Reasons for Challenge
v The Competent Authority
2 In International Arbitration
IV The Proceedings
A Law Applicable to the Procedure
1 In Domestic Arbitration
2 In International Arbitration
a Nature and Content of the Rules of Law
b The Effects of Choosing the Lebanese Law of Procedure to Govern an International Arbitration Held in Lebanon
B Seat of Arbitration
1 In Domestic Arbitration
2 In International Arbitration
C Language of Arbitration
1 In Domestic Arbitration
2 In International Arbitration
D Waiver
1 In Domestic Arbitration
2 In International Arbitration
E Interim and Conservatory Measures
1 In Domestic Arbitration
2 In International Arbitration
F Experts
1 In Domestic Arbitration
2 In International Arbitration
G Witnesses
1 In Domestic Arbitration
2 In International Arbitration
H Statements of Claim and Defense
1 In Domestic Arbitration
2 In International Arbitration
I Oral Hearings
1 In Domestic Arbitration
2 In International Arbitration
J Time-Periods
1 In Domestic Arbitration
2 In International Arbitration
K Stay and Interruption of the Proceedings
1 In Domestic Arbitration
a Stay of the Proceedings
b Interruption of the Proceedings
2 In International Arbitration
L The End of the Proceedings
1 In Domestic Arbitration
2 In International Arbitration
V The Award
A Law Applicable to the Merits
1 In Domestic Arbitration
2 In International Arbitration
B Majority
1 In Domestic Arbitration
2 In International Arbitration
C Form and Contents of the Award
1 In Domestic Arbitration
2 In International Arbitration
D Deposit
1 In Domestic Arbitration
2 In International Arbitration
E Res Judicata
1 In Domestic Arbitration
2 In International Arbitration
F Correction and Interpretation of the Award: Additional Award
1 In Domestic Arbitration
2 In International Arbitration
VI Enforcement of Arbitral Awards
A In Domestic Arbitration
B In International Arbitration
VII Means of Recourse
A Opposition
1 In Domestic Arbitration
2 In International Arbitration
B Appeal
1 In Domestic Arbitration
2 In International Arbitration
a Appeal against a Decision Refusing to Grant Leave to Enforce or Recognition of the Award
b Appeal against the Ruling Which Grants Leave to Enforce or Recognizes the Award Rendered Abroad
C Revision
1 In Domestic Arbitration
2 In International Arbitration
D Setting Aside
1 In Domestic Arbitration
a Grounds for Setting Aside
b The Court Having Jurisdiction
c Time-limits and Procedure
d Effects
2 In International Arbitration
a Grounds for Setting Aside
i The Arbitrator Settled the Dispute in the Absence of an Arbitration Agreement, or on the Basis of a Void or Expired Agreement
ii The Arbitral Tribunal was Irregularly Constituted
iii The Arbitrator Exceeded in his Award the Mission Entrusted to Him
iv The Award Violated the Parties' Rights of Defense
v The Award Violated a Rule of Public Policy
b The Court Having Jurisdiction
c Time-limits and Procedure
d Effects
i Lebanese Courts and Arbitral Awards Made and Set Aside Abroad
ii Conflict with the New York Convention
iii Towards a Law on International Commercial Usages and General Principles of Law
Chapter 9: Arbitration in Libya
I General Overview
A Historical Overview: The Legal and Judicial System
1 The Laws
a Under the Monarchy
b Under the Republic
c Under the Jamahiriya
2 The Courts
a The Judicial Organization under the Monarchy
b The Evolution of the Judicial System under the Revolution
i The Administrative Judiciary Act
ii The Act on the Unification of the Courts
iii The Judicial Organization Act
iv The Act on the Establishment of the Department of People's Legal Defense
v The High Court Reorganization Act
B Arbitration in Libya
1 Optional Arbitration
2 Compulsory Arbitration or Conciliation
3 Permanent Institutional Arbitration
4 International Arbitration
5 Oil Arbitration
a System
i Arbitration is Compulsory Unless Otherwise Provided
ii The Proceedings
iii Appointment of the Arbitrators
iv The Third Arbitrator
v Capacity of the Third Arbitrator
vi Seat of the Arbitration
vii Applicable Law
b Oil Disputes
II The Arbitration Agreement
A Validity of Arbitration Clauses and Arbitration Submission Agreements
B Form of the Arbitration Agreement
C Incorporation by Reference
D Capacity
E The Agreement and the Subject-Matter of the Dispute
F Arbitrability
G Autonomy
H Effects
III The Arbitrators
A Number of Arbitrators
B Appointment
C Capacity
D Termination of Mission
IV The Proceedings
A Law Applicable to the Procedure
B Seat of Arbitration
C Language of Arbitration
D Waiver
E Interim and Conservatory Measures
F Experts
G Witnesses
H Statements of Claim and Defense
I Oral Hearings
J Time-Periods
K Stay and Interruption of the Proceedings
L The End of the Proceedings
V The Award
A Law Applicable to the Merits
B Majority
C Form and Contents of the Award
D Deposit
E Res Judicata
F Correction and Interpretation of the Award: Additional Award
VI Enforcement of Arbitral Awards
A In Domestic Arbitration
B In International Arbitration
VII Means of Recourse
A Opposition
B Appeal
C Revision
D Setting Aside
1 Grounds for Setting Aside
2 The Court Having Jurisdiction
3 Time-Limits and Procedure
4 Effects
Chapter 10: Arbitration in Morocco485
I General Overview
A Historical Overview: The Legal and Judicial System
1 The Laws
2 The Courts
a Communal and District Courts
b Courts of First Instance
c Courts of Appeals
d The Supreme Court
B Arbitration in Morocco
II The Arbitration Agreement
A Validity of Arbitration Clauses and Arbitration Submission Agreements
1 In Domestic Arbitration
2 In International Arbitration
B Form of the Arbitration Agreement
1 In Domestic Arbitration
2 In International Arbitration
C Incorporation by Reference
1 In Domestic Arbitration
2 In International Arbitration
D Capacity
1 In Domestic Arbitration
2 In International Arbitration
E The Agreement and the Subject-Matter of the Dispute
1 In Domestic Arbitration
2 In International Arbitration
F Arbitrability
1 In Domestic Arbitration
2 In International Arbitration
G Autonomy
1 In Domestic Arbitration
2 In International Arbitration
H Effects
1 In Domestic Arbitration
2 In International Arbitration
III The Arbitrators
A Number of Arbitrators
1 In Domestic Arbitration
2 In International Arbitration
B Appointment
1 In Domestic Arbitration
a Ad hoc Arbitration
b Institutional Arbitration
2 In International Arbitration
C Capacity
1 In Domestic Arbitration
2 In International Arbitration
D Termination of Mission
1 In Domestic Arbitration
2 In International Arbitration
IV The Proceedings
A Law Applicable to the Procedure
1 In Domestic Arbitration
2 In International Arbitration
B Seat of Arbitration
1 In Domestic Arbitration
2 In International Arbitration
C Language of Arbitration
1 In Domestic Arbitration
2 In International Arbitration
D Waiver
1 In Domestic Arbitration
2 In International Arbitration
E Interim and Conservatory Measures
1 In Domestic Arbitration
2 In International Arbitration
F Experts
1 In Domestic Arbitration
2 In International Arbitration
G Witnesses
1 In Domestic Arbitration
2 In International Arbitration
H Statements of Claim and Defense
1 In Domestic Arbitration
2 In International Arbitration
I Oral Hearings
1 In Domestic Arbitration
2 In International Arbitration
J Time-Periods
1 In Domestic Arbitration
2 In International Arbitration
K Stay and Interruption of the Proceedings
1 In Domestic Arbitration
2 In International Arbitration
L The End of the Proceedings
1 In Domestic Arbitration
2 In International Arbitration
V The Award
A Law Applicable to the Merits
1 In Domestic arbitration
2 In International Arbitration
B Majority
1 In Domestic Arbitration
2 In International Arbitration
C Form and Contents of the Award
1 In Domestic Arbitration
2 In International Arbitration
D Deposit
1 In Domestic Arbitration
2 In International Arbitration
E Res Judicata
1 In Domestic Arbitration
2 In International Arbitration
F Correction and Interpretation of the Award: Additional Award
1 In Domestic Arbitration
2 In International Arbitration
VI Enforcement of Arbitral Awards
A In Domestic Arbitration
B In International Arbitration
VII Means of Recourse
A Opposition
1 In Domestic Arbitration
2 In International Arbitration
B Appeal
1 In Domestic Arbitration
2 In International Arbitration
C Revision
1 In Domestic Arbitration
2 In International Arbitration
D Setting Aside
1 In Domestic Arbitration
a Grounds for Setting Aside
b The Court Having Jurisdiction
c Time-Limits and Procedure
d Effects
2 In International Arbitration
a Grounds for Setting Aside
b The Court Having Jurisdiction
c Time-Limits and Procedure
d Effects
Chapter 11: Arbitration in Oman
I General Overview
A Historical Overview: The Legal and Judicial System
1 The Laws
2 The Courts
B Arbitration in Oman
II The Arbitration Agreement
A Validity of Arbitration Clauses and Arbitration Submission Agreements
B Form of the Arbitration Agreement
C Incorporation by Reference
D Capacity
1 Capacity of a State Legal Entity
2 Capacity of Private Law Persons
E The Agreement and the Subject-Matter of the Dispute
F Arbitrability
G Autonomy
H Effects
III The Arbitrators
A Number of Arbitrators
B Appointment
C Capacity
D Termination of Mission
IV The Proceedings
A Law Applicable to the Procedure
B Seat of Arbitration
C Language of Arbitration
D Waiver
E Interim and Conservatory Measures
F Experts
G Witnesses
H Statements of Claim and Defense
I Oral Hearings
J Time-Periods
K Stay and Interruption of the Proceedings
L The End of the Proceedings
V The Award
A Law Applicable to the Merits
B Majority
C Form and Contents of the Award
D Deposit
E Res Judicata
F Correction and Interpretation of the Award: Additional Award
VI Enforcement of Arbitral Awards
A In Domestic Arbitration
B In International Arbitration
VII Means of Recourse
A Opposition
B Appeal
C Revision
D Setting Aside
1 Grounds for Setting Aside
2 The Court Having Jurisdiction
3 Time-Limits and Procedure
4 Effects
Chapter 12: Arbitration in Qatar571
I General Overview
A Historical Overview: The Legal and Judicial System
B Arbitration in Qatar
II The Arbitration Agreement
A Validity of Arbitration Clauses and Arbitration Submission Agreements
B Form of the Arbitration Agreement
C Incorporation by Reference
D Capacity
E The Agreement and the Subject-Matter of the Dispute
F Arbitrability
G Autonomy
H Effects
III The Arbitrators
A Number of Arbitrators
B Appointment
C Capacity
D Termination of Mission
IV The Proceedings
A Law Applicable to the Procedure
B Seat of Arbitration
C Language of Arbitration
D Waiver
E Interim and Conservatory Measures
F Experts
G Witnesses
H Statements of Claim and Defense
I Oral Hearings
J Time-Periods
K Stay and Interruption of the Proceedings
L The End of the Proceedings
V The Award
A Law Applicable to the Merits
B Majority
C Form and Contents of the Award
D Deposit
E Res Judicata
F Correction and Interpretation of the Award: Additional Award
VI Enforcement of Arbitral Awards
A In Domestic Arbitration
B In International Arbitration
VII Means of Recourse
A Opposition
B Appeal
C Revision
D Setting Aside
1 Grounds for Setting Aside
2 The Court Having Jurisdiction
3 Time-Limits and Procedure
4 Effects
Chapter 13: Arbitration in Saudi Arabia
I General Overview
A Historical Overview: The Legal and Judicial System
1 The Political Regime and Institutions
a The Constitution: The Koran
i The Basic Law of Government
ii The Consultative Council Law
b The Holders of Authority ("Ulu' Al-Amr")
c The Executive
2 The Laws
a Commercial Acts
b Labor Law
c Tax Law
d Acts in Criminal Matters
3 The Courts
B Arbitration in Saudi Arabia
1 Domestic Arbitration
a The Arbitration System before the Arbitration Act and its Implementation Rules of 1985
i The Commercial Courts Act
ii Permanent Institutional Arbitration (Arbitration of the Chamber of Commerce)
iii The Labor and Workmen Act
b Arbitration under the New Law of and the Implementation Rules of 1985
i The Saudi Arbitration System and the Shari'a
ii The Characteristics of the New Saudi Law on Arbitration
2 International Arbitration
a The Crisis of International Arbitration
i The Aramco Case
ii A Saudi Decision Which Forbids State Agencies to Resort to Arbitration
iii The State Agencies Subject to this Prohibition
b The Return of State Agencies to Arbitration
i The Agreement with the American Overseas Private Investment Corporation (OPIC)
ii The ICSID Convention
c The New York Convention
II The Arbitration Agreement
A Validity of Arbitration Clauses and Arbitration Submission Agreements
B Form of the Arbitration Agreement
C Incorporation by Reference
D Capacity
E The Agreement and the Subject-Matter of the Dispute
F Arbitrability
1 Disputes between Partners of a Company or between Such Partners and the Company
2 Disputes Relating to Commercial Agency Contracts
3 Disputes amongst Foreign Contractors or Companies and Their Saudi Sponsor
G Autonomy
H Effects
III The Arbitrators
A Number of Arbitrators
B Appointment
C Capacity
1 The Arbitrator Must Be Experienced
2 He Must Be of Good Conduct and Behavior
3 The Arbitrator Must Have Full Legal Capacity
4 The Arbitrator Must Not Have any Interest in the Case
5 Arbitration by Women
6 Does the Arbitrator Have to be Muslim?
D Termination of Mission
IV The Proceedings
A Law Applicable to the Procedure
B Seat of Arbitration
C Language of Arbitration
D Waiver
E Interim and Conservatory Measures
F Experts
G Witnesses
H Statements of Claim and Defense
I Oral Hearings
J Time-Periods
1 In Principle, the Time-Limits are Contractual
2 The Starting Point of the Time-Limits
3 Who May Extend the Time-Limits?
4 The Fate of Arbitration after Expiry of the Time-Limits
K Stay and Interruption of the Proceedings
L The End of the Proceedings
V The Award
A Law Applicable to the Merits
B Majority
C Form and Contents of the Award
D Deposit
E Res Judicata
F Correction and Interpretation of the Award: Additional Award
VI Enforcement of Arbitral Awards
A In Domestic Arbitration
B In International Arbitration
VII Means of Recourse
A Opposition
B Appeal
C Revision
D Setting Aside
1 Grounds for Setting Aside
a Invalidity of the Arbitration Agreement
b The Existence of a Reason for Challenge
c The Arbitrator's Nonobservance of his Mission
d Nonobservance of the Rules of Constitution of the Arbitral Tribunal and Violation of the Principle of Due Process
e Omission of Any of the Statutory Requirements for the Award
f Public Policy
2 The Court Having Jurisdiction
3 Time-Limits and Procedure
4 Effects
Chapter 14: Arbitration in Sudan
I General Overview
A Historical Overview: The Legal and Judicial System
B Arbitration in Sudan
II The Arbitration Agreement
A Validity of Arbitration Clauses and Arbitration Submission Agreements
B Form of the Arbitration Agreement
C Incorporation by Reference
D Capacity
E The Agreement and the Subject-Matter of the Dispute
F Arbitrability
G Autonomy
H Effects
III The Arbitrators
A Number of Arbitrators
B Appointment
C Capacity
D Termination of Mission
IV The Proceedings
A Law Applicable to the Procedure
B Seat of Arbitration
C Language of Arbitration
D Waiver
E Interim and Conservatory Measures
F Experts
G Witnesses
H Statements of Claim and Defense
I Oral Hearings
J Time-Periods
K Stay and Interruption of the Proceedings
L The End of the Proceedings
V The Award
A Law Applicable to the Merits
B Majority
C Form and Contents of the Award
1 Signature
2 Motivation
3 Date
4 Summary of the Parties' Contentions
D Deposit
E Res Judicata
F Correction and Interpretation of the Award: Additional Award
VI Enforcement of Arbitral Awards
VII Means of Recourse
A Opposition
B Appeal
C Revision
D Setting Aside
1 Grounds for Setting Aside
2 The Court Having Jurisdiction
3 Time-Limits and Procedure
4 Effects
Chapter 15: Arbitration in Syria
I General Overview
A Historical Overview: The Legal and Judicial System
1 The Laws
2 The Courts
B Arbitration in Syria
II The Arbitration Agreement
A Validity of Arbitration Clauses and Arbitration Submission Agreements
B Form of the Arbitration Agreement
C Incorporation by Reference
D Capacity
E The Agreement and the Subject-Matter of the Dispute
F Arbitrability
G Autonomy
H Effects
III The Arbitrators
A Number of Arbitrators
B Appointment
C Capacity
D Termination of Mission
IV The Proceedings
A Law Applicable to the Procedure
B Seat of Arbitration
C Language of Arbitration
D Waiver
E Interim and Conservatory Measures
F Experts
G Witnesses
H Statements of Claim and Defense
I Oral Hearings
J Time-Periods
K Stay and Interruption of the Proceedings
L The End of the Proceedings
V The Award
A Law Applicable to the Merits
B Majority
C Form and Contents of the Award
D Deposit
E Res Judicata
F Correction and Interpretation of the Award: Additional Award
VI Enforcement of Arbitral Awards
VII Means of Recourse
A Opposition
B Appeal
C Revision
D Setting Aside
1 Grounds for Setting Aside
2 The Court Having Jurisdiction
3 Time-Limits and Procedure
4 Effects
Chapter 16: Arbitration in Tunisia731
I General Overview
A Historical Overview: The Legal and Judicial System
1 The Laws
2 The Courts
B Arbitration in Tunisia
II The Arbitration Agreement
A Validity of Arbitration Clauses and Arbitration Submission Agreements
B Form of the Arbitration Agreement
C Incorporation by Reference
D Capacity
E The Agreement and the Subject-Matter of the Dispute
F Arbitrability
G Autonomy
1 In Domestic Arbitration
2 In International Arbitration
H Effects
1 In Domestic Arbitration
2 In International Arbitration
III The Arbitrators
A Number of Arbitrators
1 In Domestic Arbitration
2 In International Arbitration
B Appointment
1 In Domestic Arbitration
2 In International Arbitration
C Capacity
D Termination of Mission
1 In Domestic Arbitration
2 In International Arbitration
IV The Proceedings
A Law Applicable to the Procedure
B Seat of Arbitration
1 In Domestic Arbitration
2 In International Arbitration
C Language of Arbitration
1 In Domestic Arbitration
2 In International Arbitration
D Waiver
1 In Domestic Arbitration
2 In International Arbitration
E Interim and Conservatory Measures
1 In Domestic Arbitration
2 In International Arbitration
F Experts
1 In Domestic Arbitration
2 In International Arbitration
G Witnesses
1 In Domestic Arbitration
2 In International Arbitration
H Statements of Claim and Defense
1 In Domestic Arbitration
2 In International Arbitration
I Oral Hearings
1 In Domestic Arbitration
2 In International Arbitration
J Time-Periods
1 In Domestic Arbitration
2 In International Arbitration
K Stay and Interruption of the Proceedings
1 In Domestic Arbitration
2 In International Arbitration
L The End of the Proceedings
1 In Domestic Arbitration
2 In International Arbitration
V The Award
A Law Applicable to the Merits
B Majority
1 In Domestic Arbitration
2 In International Arbitration
C Form and Contents of the Award
1 In Domestic Arbitration
2 In International Arbitration
D Deposit
1 In Domestic Arbitration
2 In International Arbitration
E Res Judicata
1 In Domestic Arbitration
2 In International Arbitration
F Correction and Interpretation of the Award: Additional Award
1 In Domestic Arbitration
2 In International Arbitration
VI Enforcement of Arbitral Awards
A In Domestic Arbitration
B In International Arbitration
VII Means of Recourse
A Opposition
1 In Domestic Arbitration
2 In International Arbitration
B Appeal
1 In Domestic Arbitration
2 In International Arbitration
C Revision
1 In Domestic Arbitration
2 In International Arbitration
D Setting Aside
1 In Domestic Arbitration
a Grounds for Setting Aside
b The Court Having Jurisdiction
c Time-Limits and Procedure
d Effects
2 In International Arbitration
a Grounds for Setting Aside
b The Court Having Jurisdiction
c Time-Limits and Procedure
d Effects
Chapter 17: Arbitration in the United Arab Emirates777
I General Overview
A Historical Overview: The Legal and Judicial System
1 Independence and Union
2 The Provisional Constitution
3 The Laws
4 The Courts
B Arbitration in the United Arab Emirates
II The Arbitration Agreement
A Validity of Arbitration Clauses and Arbitration Submission Agreements
B Form of the Arbitration Agreement
C Incorporation by Reference
D Capacity
E The Agreement and the Subject-Matter of the Dispute
F Arbitrability
G Autonomy
H Effects
III The Arbitrators
A Number of Arbitrators
B Appointment
C Capacity
D Termination of Mission
IV The Proceedings
A Law Applicable to the Procedure
B Seat of Arbitration
C Language of Arbitration
D Waiver
E Interim and Conservatory Measures
F Experts
G Witnesses
H Statements of Claim and Defense
I Oral Hearings
J Time-Periods
K Stay and Interruption of the Proceedings
L The End of the Proceedings
V The Award
A Law Applicable to the Merits
B Majority
C Form and Contents of the Award
D Deposit
E Res Judicata
F Correction and Interpretation of the Award: Additional Award
VI Enforcement of Arbitral Awards
VII Means of Recourse
A Opposition
B Appeal
C Revision
D Setting Aside
1 Grounds for Setting Aside
2 The Court Having Jurisdiction
3 Time-Limits and Procedure
4 Effects
Chapter 18: Arbitration in Yemen
I General Overview
A Historical Overview: The Legal and Judicial System
B Arbitration in Yemen
II The Arbitration Agreement
A Validity of Arbitration Clauses and Arbitration Submission Agreements
B Form of the Arbitration Agreement
C Incorporation by Reference
D Capacity
E The Agreement and the Subject-Matter of the Dispute
F Arbitrability
G Autonomy
H Effects
III The Arbitrators
A Number of Arbitrators
B Appointment
C Capacity
D Termination of Mission
IV The Proceedings
A Law Applicable to the Procedure
B Seat of Arbitration
C Language of Arbitration
D Waiver
E Interim and Conservatory Measures
F Experts
G Witnesses
H Statements of Claim and Defense
I Oral Hearings
J Time-Periods
K Stay and Interruption of the Proceedings
L The End of the Proceedings
V The Award
A Law Applicable to the Merits
B Majority
C Form and Contents of the Award
D Deposit
E Res Judicata
F Correction and Interpretation of the Award: Additional Award
VI Enforcement of Arbitral Awards
VII Means of Recourse
A Opposition
B Appeal
C Revision
D Setting Aside
1 Grounds for Setting Aside
2 The Court Having Jurisdiction
3 Time-Limits and Procedure
4 Effects
Chapter 19: The Amman Arab Convention on Commercial Arbitration (1987)
I Historical Outline of the Creation of the Arab Centre for Commercial Arbitration in Rabat
II Constitution and Functioning of the Centre
III The Arbitration Rules of the Centre
A The Arbitration Agreement
1 Arbitration Submission Agreements and Arbitration Clauses
2 The Parties to Arbitration
3 Autonomy of Arbitration Clauses
4 The Effects of the Arbitration Agreement
B The Arbitrators
1 Appointment of Arbitrators
2 Number of Arbitrators
3 Arbitrators' Responsibility
4 Capacity of the Arbitrator
5 Challenge of Arbitrators
C The Proceedings
1 The Request for Arbitration
2 The Statement of Defense
3 Jurisdiction
4 Seat of Arbitration
5 Language of Arbitration
6 Due Process-Rights of Defense
7 Conservatory Measures
8 Waiver of Right
D The Award
1 Applicable law
2 Majority
3 Time-period for Making the Award
4 Reasons of the Award
5 Obligatory Contents of the Award
6 Correction
E Means of Recourse
F Enforcement of the Award
Chapter 20: The Riyadh Arab Convention on Judicial Cooperation
I General Outline
II Scope
III The Main Features of the Convention Concerning Recognition and Enforcement of Judgments and Awards
A The Provisions of the Convention Relating to Court Decisions but also Applicable to Arbitration
1 Recognition of Arbitral Awards
2 Enforcement of Arbitral Awards
3 The Conditions Limiting the Scope of Recognition and Enforcement of Arbitral Awards
4 Conditions Relating to Jurisdiction
B The Provisions of the Convention Relating Directly to Arbitration
1 Cases where Enforcement of Arbitral Awards may be Refused
2 The Procedure for Requesting Leave to Enforce or Recognition of Arbitral Awards
Annexes Statutory Provisions on Arbitration
Index

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