Practical Guide to Litigation and Arbitration in the United Arab Emirates

Practical Guide to Litigation and Arbitration in the United Arab Emirates
Author: Essam Al Tamimi
Publisher: BRILL
Total Pages: 196
Release: 2021-11-29
Genre: Law
ISBN: 9047403258

Download Practical Guide to Litigation and Arbitration in the United Arab Emirates Book in PDF, Epub and Kindle

Al Tamimi (a licensed advocate of the Courts of the United Arab Emirates) offers a "detailed guide to litigation and arbitration in the United Arab Emirates based on Federal laws, laws specific to the individual Emirates, judgments delivered by the Court of Cassation and International Conventions to which the United Arab Emirates is a member," acco.

Practitioner's Guide to Arbitration in the Middle East and North Africa

Practitioner's Guide to Arbitration in the Middle East and North Africa
Author: Essam Al Tamimi
Publisher: Juris Publishing, Inc.
Total Pages: 568
Release: 2009-09-01
Genre: Arbitration and award
ISBN: 1933833300

Download Practitioner's Guide to Arbitration in the Middle East and North Africa Book in PDF, Epub and Kindle

The Practitioner's Guide to Arbitration in the Middle East and North Africa is the culmination of the real experience and expertise from those experts and authorities directly involved with arbitration in their respective countries. The book is the first of its kind to target the Mena region specifically and is essential for anyone working in the area of arbitration both in the Middle East and world-wide. The practice of arbitration of private disputes is not new to MENA countries. Arbitration has long been recognized as a legitimate and culturally accepted practice of dispute resolution, dating back to dispute resolution practices of the early Islamic period, and even the pre-Islamic era. International commercial arbitration, and its cultural and juridical acceptance, is a more recent and complex phenomenon nonetheless on the rise in MENA countries. It is now standard for arbitration clauses to be included in contracts governing international transactions and there is a growing consensus among MENA merchants engaged in international trade, along with their commercial counterparts in the rest of the world, that international arbitration is preferable to litigation in domestic courts for purposes of resolving private commercial disputes. While subject to some qualifications and restrictions in some instances, in many, if not most, MENA countries, arbitration clauses can be included in contracts with government entities engaging in commercial transactions. Additionally, conferences, seminars, and training programs in international arbitration are on the rise, and various international arbitration centres have been established. The advantages from the perspective of private parties are tremendous: Parties can elect which law will apply to disputes arising from their transactions, and they can remove themselves from the constraints and biases of parochial attitudes in national courts. There is also an increasing acceptance by national courts of international arbitration standards, such as the principle of Kompetenz-Kompetenz, recognising the right of arbitrators to decide their own jurisdiction and the separability of the arbitration clause. More frequently, courts are granting assistance and support to international arbitrations and are more receptive to enforcing foreign awards. This book is a comprehensive guide to arbitration in Algeria, Bahrain, Egypt, Iran, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Sudan, Syria, Tunisia, UAE, and Yemen. Written in question/answer format by leading practicioners and firms from the region, it elicits the most salient features of the legal framework for arbitration and international arbitration in each of the respective countries.

Arbitration and International Trade in the Arab Countries

Arbitration and International Trade in the Arab Countries
Author: Nathalie Najjar
Publisher: BRILL
Total Pages: 1340
Release: 2017-10-23
Genre: Law
ISBN: 9004357483

Download Arbitration and International Trade in the Arab Countries Book in PDF, Epub and Kindle

Arbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.

Arbitration in Egypt

Arbitration in Egypt
Author: Ibrahim Shehata
Publisher: Kluwer Law International B.V.
Total Pages: 481
Release: 2021-10-05
Genre: Law
ISBN: 9403512644

Download Arbitration in Egypt Book in PDF, Epub and Kindle

Egypt, and in particular the Cairo Regional Centre for International Commercial Arbitration (CRCICA), has clearly cemented its status as a preferred seat for arbitration cases in both the Middle East–North Africa (MENA) region and the African continent. To assist parties with a need or desire to arbitrate disputes arising in these regions – whether commercial or investment – this incomparable book, the first in-depth treatment in any language of arbitration practice under Egyptian law, provides a comprehensive overview of the arbitration process and all matters pertaining to it in Egypt, starting with the arbitration agreement and ending with the recognition and enforcement of the arbitral award. Citing more than 2,500 cases – both awards and arbitral-related court judgments – the book’s various chapters examine in detail how Egypt’s arbitration law, based on the UNCITRAL model law, encompasses such internationally accepted arbitral provisions and aspects as the following: application of the New York Convention; concept of arbitrability; choice of applicable law; formation of the arbitral tribunal; selection, rights, duties, liability, and challenge of arbitrators; arbitral procedures; evidence and experts and burden of proof; form and content of arbitral awards; annulment and enforcement procedures; interaction between Sharia law and arbitration; role of Egypt’s Technical Office for Arbitration (TOA); and judicial fees. Special issues such as third-party funding and public policy as well as particular areas of dispute such as construction, sports, real estate, labor and employment, tax, competition, intellectual property, and technology transfer are all covered. The author offers practical guidelines tailored to arbitration in these specific areas of law. An added feature is the many figures and other visuals that accompany the text. For whoever is planning to or is currently practicing arbitration in the Middle East, this matchless book gives arbitrators, in-house counsel and arbitration practitioners everything that is needed to answer any question likely to arise. This book should be on the shelf of every practitioner and academic wishing to comprehend arbitration in Egypt as construed by the Egyptian Courts. Review/Testimonial: “The book is an excellent contribution to understand and assess Egyptian international arbitration law and practice and invaluable guide for lawyers, arbitrators and academics working on arbitration cases connected to Egypt for three main reasons: First, a case law perspective that adds considerable value to the book. The author examines not only the text of laws but also the case law. On every issue, Mr Shehata quotes the positions of Egyptian courts, especially those of the Egyptian Cassation Court. With more than 2,500 cases cited, the book is a precious source to discover the Egyptian decisions originally only in Arabic. Through an analysis and commentary of a great number of decisions rendered by various levels of Egyptian courts, the book offers the most reliable source with regard to the interpretation and the application of the Law No. 27 of 1994 and the international conventions by Egyptian courts. Second, a complete and far-reaching analysis. The book covers all aspects of the arbitration process from the arbitration agreement to the enforcement of arbitral awards. It includes the specific arbitration sectors such as sport arbitration, construction arbitration and investment arbitration. This coverage makes the book one of the reference work on the whole regime of arbitration in Egypt. Third, an up-to-date study, which takes into account rule changes and up-to-date developments on new trends, such as third-party funding, optional clauses, virtual hearings, the use of tribunal secretaries and issues of ethics in arbitration.” Source / Reviewer: Professor Walid Ben Hamida, University of Paris-Saclay, France. ICC DISPUTE RESOLUTION BULLETIN 2021 | ISSUE 3 |

Intellectual Property Law and Practice of the United Arab Emirates

Intellectual Property Law and Practice of the United Arab Emirates
Author: Peter W. Hansen
Publisher: Oxford University Press
Total Pages: 887
Release: 2009
Genre: Business & Economics
ISBN: 0195370163

Download Intellectual Property Law and Practice of the United Arab Emirates Book in PDF, Epub and Kindle

"This desk-book presents the intellectual property laws and practice in the United Arab Emirates with practice commentary and English translations of the laws in question. It covers patents, designs and know how; trademarks and copyrights"--Provide by publisher.

United Arab Emirates Court Of Cassation Judgements

United Arab Emirates Court Of Cassation Judgements
Author: Richard Price
Publisher: BRILL
Total Pages: 429
Release: 2005
Genre: Religion
ISBN: 9004140395

Download United Arab Emirates Court Of Cassation Judgements Book in PDF, Epub and Kindle

United Arab Emirates Court of Cassation Judgments provides, for the first time in any language, summaries of key decisions of the Courts of Cassation (Supreme Courts) of Dubai and Abu Dhabi in the United Arab Emirates from 1998 - 2003. These decisions concern questions of jurisdiction, conflict of laws, banking, insurance, maritime law, arbitration and commerce in general and will be of major relevance and interest to all entities (and their legal advisors) doing business in and with the United Arab Emirates. The essence of each decision is first set out in a few lines and then explained in more detail, though still in a summarized format that is readily assimilable by the businessman as well as the lawyer. The book does much to reveal the workings, attitudes and jurisprudence of the United Arab Emirates Courts, an area often of mystery to businessmen.

Summaries of UAE Courts' Decisions on Arbitration (1993-2012)

Summaries of UAE Courts' Decisions on Arbitration (1993-2012)
Author: Arab Hassan
Publisher:
Total Pages: 0
Release: 2018-02-28
Genre: Arbitration and award
ISBN: 9789041197580

Download Summaries of UAE Courts' Decisions on Arbitration (1993-2012) Book in PDF, Epub and Kindle

This book is the first ever to summarize in English a series of judgments issued over the last 20 years by the Dubai Court of Cassation, the Federal Supreme Court of Cassation, the Fujairah Federal Court of First Instance and the Abu Dhabi Court of Cassation. It has been prepared with a view to providing a useful tool for lawyers, arbitrators and other professionals involved in arbitration proceedings in the United Arab Emirates (UAE).0The judgments included have been carefully selected and summarized, by the judiciary in the UAE. Each summary contains a convenient headnote, which enables the reader to identify, at a glance, the principles of arbitration set out by the UAE courts in the selected judgments. This collection of summaries addresses the need within the arbitration community for easy access to UAE jurisprudence with a focus on arbitration. It will serve as a readily comprehensible guide to arbitration in the UAE.

Handbook of Research on Theory and Practice of Global Islamic Finance

Handbook of Research on Theory and Practice of Global Islamic Finance
Author: Rafay, Abdul
Publisher: IGI Global
Total Pages: 888
Release: 2019-12-27
Genre: Business & Economics
ISBN: 1799802205

Download Handbook of Research on Theory and Practice of Global Islamic Finance Book in PDF, Epub and Kindle

As an emerging global phenomenon, Islamic economics and the financial system has expanded exponentially in recent decades. Many components of the industry are still unknown, but hopefully, the lack of awareness will soon be stilled. The Handbook of Research on Theory and Practice of Global Islamic Finance provides emerging research on the latest global Islamic economic practices. The content within this publication examines risk management, economic justice, and stock market analysis. It is designed for financiers, banking professionals, economists, policymakers, researchers, academicians, and students interested in ideas centered on the development and practice of Islamic finance.

Diversity of Law in the United Arab Emirates

Diversity of Law in the United Arab Emirates
Author: Kristin Kamøy
Publisher: Routledge
Total Pages: 186
Release: 2020-12-16
Genre: Law
ISBN: 100029191X

Download Diversity of Law in the United Arab Emirates Book in PDF, Epub and Kindle

This book examines the law and its practice in the United Arab Emirates (UAE). The objective is to understand the logic of the legal system in the UAE through a rounded analysis of its laws in context. It thus presents an understanding of the system on its own terms beyond the accepted Western model. The book shows how the Emirati law differs from the conventional rule of law. The first section of the book deals with the imperial, international, and cultural background of the Emirati legal system and its influences on some of the elements of the legal system today. It maps the state’s international legal obligations according to core human rights treaties showing how universal interpretations of rights may differ from Emirati interpretations of rights. This logic is further illustrated through an overview of the legal system, in federal, local, and free zones and how the UAE’s diversity of legal sources from Islamic and colonial law provides legal adaptability. The second section of the book deals mainly with the contemporary system of the rule of law in the UAE but at times makes a detour to the British administration to show how imperial execution of power during the British administration created forerunners visible today. Finally, the debut of the UAE on the international scene contributed to an interest in human rights investigations, having manifestations in UAE law. The work will be a valuable resource for researchers and academics working in the areas of Comparative Constitutional Law, Legal Anthropology, Legal Pluralism, and Middle Eastern Studies.

Changing God's Law

Changing God's Law
Author: Nadjma Yassari
Publisher: Routledge
Total Pages: 320
Release: 2016-06-03
Genre: Law
ISBN: 1317168631

Download Changing God's Law Book in PDF, Epub and Kindle

This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. Besides the importance of family law regulations for each individual, family law has become the battleground of political and social contestation. Divided into four parts, the collection presents a general overview and analysis of the development of family law in the region and provides insights into the broader context of family law reform, before offering examples of legal development realised by codification drawn from a selection of Gulf states, Iran, and Egypt. It then goes on to present a thorough analysis of the role of the judiciary in the process of lawmaking, before discussing ways the parties themselves may have shaped and do shape the law. Including contributions from leading authors of Middle Eastern law, this timely volume brings together many isolated aspects of legal development and offers a comprehensive picture on this topical subject. It will be of interest to scholars and academics of family law and religion.