Books

Arab Arbitration Laws and Their Ineffectiveness in Propagating the Culture of Arbitration: Arab Arbitration Laws

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Product details

  • ASIN ‏ : ‎ B0BZ321DQ4
  • Publisher ‏ : ‎ Independently published (March 21, 2023)
  • Language ‏ : ‎ English
  • Paperback ‏ : ‎ 291 pages
  • ISBN-13 ‏ : ‎ 979-8387891649
  • Item Weight ‏ : ‎ 1.12 pounds
  • Dimensions ‏ : ‎ 6 x 0.73 x 9 inches
  • Paperback       :  March 21,2023
  • By: Dr.Azab Alaziz Alhashemi  Author

Given the prevailing belief that the judiciary in developing countries does not enjoy a sufficient degree of independence from political power, and in the absence of specialized national tribunals that are not experienced in investment cases and its complex areas, arbitration has become the only convincing and unique means of settling disputes.

With the emergence of arbitration in the Arab world, however, most Arab and non-Arab investors have abandoned arbitration before Arab arbitration centers, and have even set aside Arab arbitration laws and turned away from Arab arbitrators and turned to international arbitration centers and laws other than the laws of their Arab countries. In addition, by lawsuits that God revealed to him the authority, including the lack of confidence in Arab arbitration or Arab arbitration centers and even Arab arbitration laws themselves.
This is what prompted me to prepare this book.


This book contains forms of arbitration in the Arab world, distinguishing it from international arbitration, an analysis of the function of the international arbitrator, and identifying international arbitration centers. Then, the book is directed to the arbitration process from the arbitration agreement, through the formation of the arbitration panel, the arbitration proceedings, and the arbitral award.


The book focuses on the disadvantages of using international arbitration and our observations on this subject, in particular the Center for Resolving Investment Disputes, Washington, D.C., called ICSID. It also contained a comparative study of Arab, Saudi, Emirati, Omani, Qatari, Kuwaiti, Tunisian, Egyptian, Syrian, Lebanese, Libyan, Moroccan, and Iraqi arbitration laws and the obstacles to the implementation of the award before the judiciary and the problems and constraints of local arbitration leading to the ineffectiveness of Arab arbitration laws, such as the multiplicity of international commercial arbitration systems with the dispute and the procedures applicable to third-country nationals, the problem of the place of arbitration, the problem of public policy and the different cultures within the jury in international arbitration, and mechanisms to avoid the negative aspects of international arbitration.


The book also contained a draft unified law for arbitration in Arab countries and a number of agreements are the standing agreement to settle disputes through arbitration and the conciliation system for the United Nations Commission on International Trade Law UNICTRAL 1980 AD. The arbitration rules established by the United Nations for international trade law and the system of the European Arab Arbitration Center.

 

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