Commercial Arbitration in the Arab Middle East
Shari'a, Syria, Lebanon, and Egypt
1st Edition
Published in 2006
Book
Hardback
507 pages
978-1-84113-444-4 (ISBN)
Description
In this second edition of Samir Saleh's major work on commercial arbitration in the Arab Middle East, the basic format has been maintained, while the author, drawing upon his intimate knowledge of the region and considerable practical experience as an arbitrator, has completely revised and updated the book so that it offers a fully modern account of domestic commercial arbitration practice, with an international dimension, under the sharia and in Syria, Lebanon and Egypt.
The first part of the book, dealing with shari'a, continues to draw on the four major sources of sharia, with illustrations taken from the four main Sunni schools that have influenced its development. This part underpins all the remaining chapters which deal in turn with different national systems, building on the discussion by reference to local statutes, judicial precedents and commentaries. Detailed analysis of law and practice is supported by extensive footnoting, guidance on further reading, and insights into the prevailing business practices within each country.
For practising lawyers and arbitrators a feature which will be particularly welcome is the inclusion of up-to-date discussion of practice and procedure for the execution and enforcement of domestic and foreign awards, and the legal pitfalls awaiting the unwary. The new edition has also been considerably amplified to include international aspects of arbitration as reflected in judicial decisions and academic commentary in each territory.
The first part of the book, dealing with shari'a, continues to draw on the four major sources of sharia, with illustrations taken from the four main Sunni schools that have influenced its development. This part underpins all the remaining chapters which deal in turn with different national systems, building on the discussion by reference to local statutes, judicial precedents and commentaries. Detailed analysis of law and practice is supported by extensive footnoting, guidance on further reading, and insights into the prevailing business practices within each country.
For practising lawyers and arbitrators a feature which will be particularly welcome is the inclusion of up-to-date discussion of practice and procedure for the execution and enforcement of domestic and foreign awards, and the legal pitfalls awaiting the unwary. The new edition has also been considerably amplified to include international aspects of arbitration as reflected in judicial decisions and academic commentary in each territory.
More details
Persons
Samir Saleh, Attorney at Law, is a Legal Consultant in Islamic and Middle Eastern Law, based in London. A Member of the LCIA, he is regularly appointed to arbitrations by the ICC International Court of Arbitration.
Content
1 Sharia
I. Role of Sharia in general, role of Sharia in Arab constitutions, role of Sharia in commercial arbitration
II. Main Sharia schools
III. Sharia general sources, arbitration sources and geographical scope
IV. Definition and features of arbitration in Sharia
V. Capacity of parties to enter into arbitration agreements, incapacitated persons, legal entities,
non-Muslim parties
VI. Qualifications of arbitrators
VII. The appointment, remuneration and termination of the office of arbitrator
VIII. Arbitrable disputes, arbitration clauses, arbitration agreements
IX. Number of arbitrators, applicable substantive and procedural laws, arbitration proceedings
X. Rules of evidence and the basic principles of fair trial in Sharia
XI. The concept of foreign element under sharia, arbitration clauses and arbitration agreements with foreign elements, enforcement of foreign awards
XII. Qadi's intervention, the award, binding and enforceable effects, methods of judicial review
2 Syria
Introduction-Professor Antoine Kassis
Part I: Domestic Law
I. Law of arbitration, sources, main influence, features
II. Institutional arbitration and practice
III. Arbitrators' qualifications, appointment, remuneration, disqualification, challenge, liability, termination of office
IV. Arbitrability of disputes
V. Capacity of parties
VI. Arbitration clauses and arbitration agreements
VII. Effect of arbitration clauses and arbitration agreements (compromis)
VIII. Types of arbitration, applicable law, arbitral proceedings
IX. Court intervention
X. The award
XI. Methods of judicial review
XII. Exequatur of domestic awards
Part II: International Aspects
I. Definition and features
II. International arbitration: the Syrian outlook
III. The recognition of international arbitration
IV. The doctrinal controversy over the recognition of the New
York Convention of 10 June 1958
V. Exequatur of foreign awards
VI. The Conseil d'Etat's over-extended jurisdiction over
domestic and foreign awards and its interpretation of
article 44 of Legislative Decree No 55 of 1959
VII. International and inter-Arab treaties and conventions
pertaining to the enforcement of arbitral awards
3 Lebanon
Introduction - Professor Sélim Jahel
Part I: Domestic Law
The domestic law section for the Lebanon follows the same structure as that for Syria (see above)
Part II: International Aspects
I. Definition of international arbitration
II. Arbitrator's qualification, nationality, appointment, remuneration, disqualification, replacement, termination of office
III. Arbitrability of dispute
IV. Capacity, authority
V. Arbitration agreements
VI. Effect of arbitration agreements
VII. Types of arbitration, applicable law and procedure
VIII. Court intervention
IX. The award
X. Action for setting aside international and foreign awards
XI. Recognition and enforcement of international and foreign awards
XII. Methods of judicial review against decisions for recognition and/or exequatur of international and foreign awards
XIII. International and inter-Arab treaties and conventions pertaining to the recognition and exequatur of arbitral awards.
4 Egypt
Introduction - Mark Hoyle
I. Law of arbitration: sources, general features
II. Arbitration institutions and practice
III. Law No 27 of 1994: general definitions, scope of application, preliminary and general provisions
IV. Arbitrators' capacity and qualifications, appointment, remuneration, disqualification, challenge, liability, termination of office
V. Arbitrability of disputes
VI. Capacity of parties, authority
VII. The arbitration agreement: definition, contents, conditions as to form and substance, effects, interim and conservatory measures, autonomy and severability of arbitration clauses
VIII. Types of arbitration, applicable law, arbitral proceedings
IX. Court intervention
X. The award
XI. The action for setting aside
XII. Exequatur
XIII. International and inter-Arab conventions
Glossary of Arabic Terms
Bibliography
I. Role of Sharia in general, role of Sharia in Arab constitutions, role of Sharia in commercial arbitration
II. Main Sharia schools
III. Sharia general sources, arbitration sources and geographical scope
IV. Definition and features of arbitration in Sharia
V. Capacity of parties to enter into arbitration agreements, incapacitated persons, legal entities,
non-Muslim parties
VI. Qualifications of arbitrators
VII. The appointment, remuneration and termination of the office of arbitrator
VIII. Arbitrable disputes, arbitration clauses, arbitration agreements
IX. Number of arbitrators, applicable substantive and procedural laws, arbitration proceedings
X. Rules of evidence and the basic principles of fair trial in Sharia
XI. The concept of foreign element under sharia, arbitration clauses and arbitration agreements with foreign elements, enforcement of foreign awards
XII. Qadi's intervention, the award, binding and enforceable effects, methods of judicial review
2 Syria
Introduction-Professor Antoine Kassis
Part I: Domestic Law
I. Law of arbitration, sources, main influence, features
II. Institutional arbitration and practice
III. Arbitrators' qualifications, appointment, remuneration, disqualification, challenge, liability, termination of office
IV. Arbitrability of disputes
V. Capacity of parties
VI. Arbitration clauses and arbitration agreements
VII. Effect of arbitration clauses and arbitration agreements (compromis)
VIII. Types of arbitration, applicable law, arbitral proceedings
IX. Court intervention
X. The award
XI. Methods of judicial review
XII. Exequatur of domestic awards
Part II: International Aspects
I. Definition and features
II. International arbitration: the Syrian outlook
III. The recognition of international arbitration
IV. The doctrinal controversy over the recognition of the New
York Convention of 10 June 1958
V. Exequatur of foreign awards
VI. The Conseil d'Etat's over-extended jurisdiction over
domestic and foreign awards and its interpretation of
article 44 of Legislative Decree No 55 of 1959
VII. International and inter-Arab treaties and conventions
pertaining to the enforcement of arbitral awards
3 Lebanon
Introduction - Professor Sélim Jahel
Part I: Domestic Law
The domestic law section for the Lebanon follows the same structure as that for Syria (see above)
Part II: International Aspects
I. Definition of international arbitration
II. Arbitrator's qualification, nationality, appointment, remuneration, disqualification, replacement, termination of office
III. Arbitrability of dispute
IV. Capacity, authority
V. Arbitration agreements
VI. Effect of arbitration agreements
VII. Types of arbitration, applicable law and procedure
VIII. Court intervention
IX. The award
X. Action for setting aside international and foreign awards
XI. Recognition and enforcement of international and foreign awards
XII. Methods of judicial review against decisions for recognition and/or exequatur of international and foreign awards
XIII. International and inter-Arab treaties and conventions pertaining to the recognition and exequatur of arbitral awards.
4 Egypt
Introduction - Mark Hoyle
I. Law of arbitration: sources, general features
II. Arbitration institutions and practice
III. Law No 27 of 1994: general definitions, scope of application, preliminary and general provisions
IV. Arbitrators' capacity and qualifications, appointment, remuneration, disqualification, challenge, liability, termination of office
V. Arbitrability of disputes
VI. Capacity of parties, authority
VII. The arbitration agreement: definition, contents, conditions as to form and substance, effects, interim and conservatory measures, autonomy and severability of arbitration clauses
VIII. Types of arbitration, applicable law, arbitral proceedings
IX. Court intervention
X. The award
XI. The action for setting aside
XII. Exequatur
XIII. International and inter-Arab conventions
Glossary of Arabic Terms
Bibliography