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 sharia, continues to draw on the four major sources of sharia, with illustrations…mehr
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 sharia, 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.
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
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
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