Arbitration and International Trade in the Arab Countries


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.

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Nathalie Najjar has a PhD from Paris II (Panthéon-Assas University, 2003) where she now lectures, as well as at Saint-Joseph University (Lebanon). She is attorney at law (Beirut Bar), Secretary General of the Lebanese Review of Arab and International Arbitration and author of Arbitrage dans les pays arabes face aux exigences du commerce international (LGDJ, France, 2004) which was awarded several prizes in France and in Lebanon and of Arbitrage dans les pays arabes et commerce international (LGDJ, France, 2016). She is also the author of articles and book chapters.
"Nathalie Najjar has assembled a masterful compendium of arbitration law in the Arab countries with the publication of this book. A true study of comparative law in the purest sense of the term [...] This study of comparative law constitutes an essential guide to understanding the arbitration laws of the Arab countries."
~ Emmanuel Gaillard, Professor Emeritus at Sciences Po Law School; Head, International Arbitration Group, Shearman & Sterling

"One of the major additions of Mrs Najjar’s book is that it offers a rare glimpse into a large number of unpublished court decisions and arbitral awards. This helps the reader understand the local courts’ position towards arbitration. In addition, the author provides a wealth of practical details relating to the conduct of arbitration proceedings in the Arab world based on numerous interviews with eminent practitioners who practice in the region.
This book is an invaluable tool to both academics and practitioners who now have an insight into the mechanics of the conduct of arbitration proceedings in the Arab world or with an Arabic connection. [...]"
~ Ahmed Abdel Hakam in: ASA Bulletin, 36/2 (June 2018)
List of Illustrations

General Introduction

Preliminary Part: Sources of Arbitration in the Arab Countries

1 Arbitration in Its Legislative Context
 Section I Systems Based upon Islamic Sharia
 I  The Main Features of Sharia
 II  Scope of Sharia
 Section II Opening of the Arab Countries to Western Laws
 I  Historical Factors
 II  Codifications of Independence

2 Arab Laws and Practice of Arbitration
 Section I National Laws
 I  Islamic Arbitration
 II  Secular Laws Inspired by the West
 III  Enshrining of Arbitration in the Arab Laws Encouraging Investment
 Section II Multilateral Treaty Law
 I  Global Conventions
 II  Regional Treaty Law
 Section III Arab Arbitration Practice
 I  The “Oil awards”
 II  The Rise of Institutional Arbitration in Arab Countries
 III  The West, still the Leading Place for International Commercial Arbitration Involving an Arab Party

First Part: Arbitration in the Arab Countries and the Requirement of Freedom

1 Freedom of the Parties
 Section I Free Access to Arbitration
  Subsection I  The Effectiveness of the Arbitration Clause
  Subsection II  Compulsory Institutionalised Arbitration
  Subsection III  The Field of Arbitration
 Section II The Freedom to Organize International Arbitration
  Subsection I  The Choice of Arbitrators
  Subsection II  The Choice of the Procedure
  Subsection III  The Selection of the Rules Applicable to the Merits

2 Autonomy of the International Arbitrator
 Section I The Arbitrator’s Competence over His Jurisdiction
  Subsection I  The Positive Effect of the Rule
  Subsection II  Negative Effect of the Rule
 Section II The Arbitrator’s Autonomy in the International Arbitration Procedure
  Subsection I  The Arbitrator’s Autonomy with Regard to the Law of the Seat
  Subsection II  Extent of Powers of the International Arbitrator
 Section III Autonomy of the Arbitrator in Settling the Merits of the Dispute
  Subsection I  The Choice by the Arbitrator of the Rules of Law Applicable to the Merits
  Subsection II  The Arbitrator Faced with the Specificity of Arab Public Policy

Second Part: Arbitration in the Arab Countries Faced with the Requirement of Safety

1 Safety within Arbitration
 Section I Independence and Impartiality of International Arbitrators
  Subsection I  The Obligations of Independence and Impartiality
  Subsection II  The Obligation of Disclosure
 Section II  The Fight against Delaying Tactics
  Subsection I  Tactics Used by the Parties
  Subsection II  The Arbitrators’ Delaying Tactics

2 Safety of International Arbitration
 Section I The Efficiency of Awards Rendered in the Arab Countries
  Subsection I  Modern Law Systems
  Subsection II  Traditional Laws
 Section II The Efficiency of Awards Rendered Abroad
  Subsection I  Awards Not Governed by the New York Convention
  Subsection II  Awards Governed by the New York Convention