COMMERCIAL ARBITRATION IN THE ARAB MIDDLE EAST Jordan, Kuwait, Bahrain, & Saudi Arabia

By Samir Saleh
Attorney-at-law (Lebanon)
Consultant in Islamic & Middle Eastern Law, London
Former Vice Chairman, International Court of Arbitration, ICC, Paris

Forward by William M Ballantyne, Visiting professor of Arab Laws, School of Oriental & African Studies, University of London, & Chairman, Arab Legal Forum, International Bar Association

The Author

Samir Saleh, Attorney at Law, is a Law Consultant in Islamic and Middle Eastern law, based in London. He is a former Vice Chairman of the International Court of Arbitration of the ICC, paris (1982-1988) and Member of the International Arbitration Institute, paris

About the book

Samir Saleh's Commercial Arbitration in the Arab Middle East, first published in 1984, became established as the first and most comprehensive treatment of the law in this field. The second edition was published in 2006, and covered the Shari'a, Syria, Lebanon and Egypt. The new companion volume, covering Jordan, Kuwait, Bahrain and Saudi Arabia follows the same basic structure as the earlier editions, analysing the national arbitration systems of the four countries by reference to statutes, judicial decisions, and commentaries, as well as international aspects, including the applicable bilateral treaties and international conventions. Detailed discussion of the law and practice is supported by extensive footnotes, and by authoritative translations into English of relevant legislation.

Reviews of Samir Saleh's earlier book, "Commercial Arbitration in the Arab Middle East – Shari'a, Syria, Lebanon, and Egypt":

"It is with authority and great depth and breadth of analysis that the author deals with the classic issues relating to the capacity of the parties, their qualifications, to the analysis of arbitral disputes, the nature and form of arbitral agreements ...."
Selim Jahel, Emeritus Professor, University of Pantheon-Assas, Paris

In addition to professor Ballantyne's Foreword, the chapter devoted to each of the four jurisdictions which are covered in the new companion book is preceded by an Introduction from a distinguished jurist who is familiar with the arbitration system in each country. The following are extracts from their Introductions:

"I have gone through the study and opinions expressed by Dr Samir Saleh in his book, and I must state that they are very well expressed; the book will be a good companion to scholars, practitioners and judges."
Sami Habayeb, Advocate, Amman, Jordan

"In this valuable book, the prominent jurist Samir Saleh gives a high level and accurate description and systematic analysis of laws and regulations governing arbitration at domestic and international levels."
Dr Hassan Ali Radhi, Senior Partner, Hassan Radhi & Associates, Manama, Bahrai

"This chapter deserves to be the final word in English on the law of arbitration in Kuwait ... and is part of a much larger and comprehensive work which will surely become the opus classicus of the law of arbitration in the Middle East for many years."
Ian Edge, Barrister, London, Visiting Lecturer in Law, School of Oriental & African Studies, University of London

"It is now time for the reader to discover on his own the erudition and clarity with which Samir Saleh unravels the characteristic traits of Saudi arbitration law."
H.H. Dominique Hascher, President of the Court of Appeal, Reims, France; Adjunct Professor of Law, University Pantheon – Sorbonne, Paris; former General Counsel & Deputy Secretary General of the International Court of Arbitration of the ICC (1990-1998)

CONTENTS

JORDAN

Introduction: Mr Sami Habayeb, Advocate, Amman

  1. Law of arbitration, sources, main influences, features
  2. Arbitration institutions and practice
  3. The Arbitration Law of 2001, definitions, scope of application, general provisions
  4. Arbitrator qualifications, appointment, remuneration, disqualification, challenge, liability, termination of office
  5. Arbitrability of disputes
  6. Capacity and authority of parties
  7. The arbitration agreement: definitions, content, conditions as to form and substance, effects, autonomy and severability of arbitration clauses, interim and conservatory measures, judge of urgent matters
  8. Types of arbitration, applicable law, arbitral proceedings
  9. Court intervention
  10. The award
  11. The action for setting aside
  12. Exequatur of domestic & foreign awards
  13. International and inter-Arab conventions and treaties pertaining to the enforcement of awards

Translations into English of:

  • Arbitration Law no 31 of 14 June 2001
  • Law no 8 of 1952 The Enforcement of Foreign Judgments (Awards)

KUWAIT

Introduction: Mr Ian Edge, Barrister, London, Visiting Lecturer in Law, School of Oriental & African Studies, University of London

  1. Law of arbitration, sources, main influences, features
  2. Arbitration institutions and practice
  3. Arbitrator capacity and qualification, appointment, remuneration, disqualification, challenge, liability, termination of office
  4. Arbitrability of disputes
  5. Capacity and authority of parties
  1. The agreement to arbitrate, definitions, contents, conditions as to form and substance, effects, autonomy and severability of arbitration clauses, interim and conservatory measures, judge for urgent matters
  2. Types of arbitration, applicable law, arbitral proceedings
  3. Court intervention
  4. The award
  5. Methods of judicial review
  6. Exequatur of domestic awards
  7. Exequatur of foreign and international awards
  8. Inter-Arab conventions & treaties pertaining to the enforcement of awards

Translations into English of:

Extracts from the Code of Civil & Commercial

  • Procedure of 25 June 1980 as amended by Law no 36 of 2002
  • Law no 11 of 28 February 1995 on Judicial Arbitration in Civil and Commercial Matters

BAHRAIN

Introduction: Dr Hassan Radhi, Advocate, Bahrain

Part 1: Domestic Arbitration

  1. Law of arbitration, sources, main influences, features
  2. Arbitration institutions and practice
  3. Arbitrator capacity and qualifications, appointment, remuneration, disqualification, challenge, liability, termination of office
  4. Arbitrability of disputes
  5. Capacity and authority of parties
  6. The agreement to arbitrate, definition, contents, conditions as to form and substance, effects, autonomy and severability of arbitration clauses, interim and conservatory measures, judge for urgent matters
  7. Types of arbitration, applicable law, arbitral proceedings
  8. Court intervention
  9. The award
  10. Methods of judicial review
  11. Exequatur of domestic awards
  12. International aspects of Bahraini law
  13. Exequatur of foreign and international awards
  14. Inter-Arab conventions and treaties pertaining to the enforcement of awards

Translations into English of:

  • Extracts from the Code of Civil & Commercial Procedure of 22 July 1971
  • Law No 94 of 17 August 1994 incorporating the UNCITRAL Model Law on international Commercial Arbitration
  • Appendix: UNCITRAL Model Law on International Commercial Arbitration as incorporated in Bahraini Law 9/94

SAUDI ARABIA

Introduction: H.H. Dominique Hascher, President of the Court of Appeal, Reims, France

  1. Law of arbitration, sources, general features
  2. Arbitration institutions and practice
  3. Arbitrator capacity and basic conditions, qualifications, challenge, appointment, remuneration, liability
  4. Arbitrability
  5. Capacity and authority of parties
  6. The agreement to arbitrate, definitions, contents, conditions as to form and substance, effects, autonomy and severability of arbitration clauses, interim and conservatory measures
  7. Types of arbitration, applicable law, arbitral proceedings
  8. Court intervention
  9. The award
  10. Judicial review
  11. Enforcement of domestic awards
  12. International aspects

Translations into English of:

  • Regulations on Arbitration, Royal Decree M/46 of 12.07.1403 (1983)
  • Implementing Regulations of Decree M/46: Decree 1.2021/11 (1985)

Glossary of Arabic Terms

Bibliography

Index

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