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

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

Samir Saleh's Commercial Arbitration in the Arab Middle East...

...first published in 1984, became established as the 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. Detailed discussion of the law and practice is supported by extensive footnotes, and by the author's own translations into English of the current laws.

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

"Samir Saleh has produced a description of Egyptian arbitration that is both scholarly and practical .."
Mark Hoyle, Regional Head of Arbitration, Al Tamimi & Company

"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

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 qualifications, appointment, remuneration, disqualification, challenge, liability, termination of office
  4. Arbitrability of disputes
  5. Capacity and authority of parties
  1. 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
  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

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 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
  7. Types of arbitration, applicable law, arbitral proceedings
  8. Court intervention
  9. The award
  10. Methods of judicial review
  11. Exequatur of domestic awards

Part 2: International Aspects

  1. International Commercial Arbitration
  2. Exequatur of foreign and international awards
  3. 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 9 of 17 August 1994 incorporating the UNCITRAL Model Law on international Commercial Arbitration

SAUDI ARABIA

Introduction: H.H. Dominique Hascher, Presiding Judge, Court of Appeal (Reims, France), Adjunct Professor of Law, University Pantheon-Sorbonne (Paris 1).

  1. Law of arbitration, sources, general features, interrelation between the law and the Shari'a
  2. Arbitration institutions and practice
  3. Arbitrator capacity and basic conditions, qualifications, challenge, appointment, remuneration, liability, termination of office
  4. Arbitrability of disputes
  5. Capacity and authority of parties
  6. 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
  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)

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