International Journal of Arab Arbitration

Volume 11 - No. (2) 2019

Table of Contents


- The Invocation of State Defenses in Times of Conflict: Force Majeure, Necessity and the Libyan Example – by Leonardo Carpentieri

- Arbitration in the Abu Dhabi Global Market (ADGM) – by Hassan Saeed Abaragh

- The Egyptian State Council and the Enforceability of Arbitration Agreements Concluded Within the Ambit of Administrative Contracts: a Case Study – by Muhammad Ussama 


Egyptian Case Law

No. 1 – Cairo Court of Cassation – Civil and Commercial Circuit – Challenge No. 8777/87 – 7 March 2018 –– Domestic Arbitration – Challenge of the Cairo Court of Appeal’s Judgment – Refusal to Stop the Enforcement of an Arbitral Award Issued under the auspices of the Cairo Regional Centre for International Commercial Arbitration (CRCICA) – Lack of Jurisdiction of the President of the Seventh Circuit of the Cairo Court of Appeal to Rule on Enforcement Issues – Jurisdiction of the Court of First Instance for Enforcement of Domestic Awards – Principle of Public Policy – Challenge Accepted – Annulment of the President of the Seventh Circuit of the Cairo Court of Appeal’s Enforcement Judgment

Jordanian Case Law

No. 1 – Jordanian Court of Cassation – Case No. 4361/2018 – 26 July 2018 –– Challenge of the Amman Court of Appeal’s Judgment – Judgment Annulling Arbitral Award – Arbitral Award Imposing on the Consortium Company to Pay a Sum of Money on the Basis of a Contract – Contract Unsigned by the Company Party to Arbitration – The Company Has Independent Legal Personality and Income Compared to That of the Signatories of the Contract – Company Should not be Party to Arbitration – Reversal of the Court of Appeal’s Judgment


Kuwaiti Case Law

No. 1 – Kuwait Court of Cassation – Fourth Commercial Circuit – Challenge No. 2195 of the Commercial Year 2018 – 28 March 2019 –– International Arbitration – Challenge of the Kuwaiti Court of Appeal’s Judgment – Court of Appeal’s Judgment Refusing to Enforce a Foreign Arbitral Award – Contention that the Award Conflicts with Another Domestic Arbitral Award – The Petitioner Not a Party to the Domestic Arbitral Award – Res Judicata Principle Limited to The Same Parties – Kuwait Party to the New-York Convention – Imposing Enforcement of Foreign Arbitral Awards – Annulment of the Court of Appeal’s Judgment

Lebanese Case Law

No. 1 – Beirut Civil Court of Appeal – Fourteenth Chamber of Arbitration – Case No. 19/2015 – 10 May 2018 –– Request for Annulment of Arbitral Award – Arbitral Award Issued Against Guarantor, Guaranteeing the Signatory of the Contract Subject Matter of the Dispute – Award Imposing on the Guarantor to Pay an Amount of Money – Obligation Based on a Loan Contract Not Signed by the Guarantor – Court of Appeal Considers Guarantee Contract Independent from the Original Contract Containing the Arbitration Agreement – Arbitral Award Issued Against the Guarantor Without an Underlying Arbitration Agreement – Annulment of the Arbitral Award

No. 2 – President of the Court of First Instance of Mount Lebanon – First Chamber – Case No. 33/2017 – 11 October 2017 –– Request to Appoint an Arbitrator – Appointment of an Arbitrator by Claimant Refused by Respondent – Arbitrator Previously Appointed by Claimant in Another Arbitration – Claimant Has the Right to Choose Said Arbitrator – Appointment of Arbitrator by Claimant Accepted by Court of First Instance

Moroccan Case Law

No. 1 – Commercial Court of Appeal of Casablanca, Decision No. 1528, Dated 26 March 2018 — Arbitral Award - Annulment - Allegation of Lack of Reasoning - Recourse to Revision - The Arbitration Provisions Are Present in the Moroccan Code of Civil Procedure - The Law Enables Recourse to Revision as a General Provision - Clear Discrepancies Between Parts of a Judgment Constitute Grounds for Revision - A Defect in Reasoning Is a Legal Basis for Appeal and not for Revision - The Claimant Based its Request for Revision on Defective Reasoning - Request for Revision Is Accepted, but Does not Have Legal Grounds and, as Such, it Must Be Denied

Omani Case Law

No. 1– Muscat Court of Appeal – Commercial Circuit – Appeal No. 505/7122/2018 – 18 November 2018 –– Request for Annulment of Arbitral Award – Request Based on the Fact That the Award Has Relied on a Legal Text Inapplicable to the Dispute – Violation of the Principle of Non-Retroactivity of Laws – Arbitral Award Based on an Expert Report Prepared by Respondent – No Ground for Annulment – The Law Exclusively Provides for the Conditions in Which the Application for Annulment is Admissible – The Appellant Relied on Grounds that Do Not Fall Under Said Conditions – Rejection of the Request for Annulment

Qatari case law

No. 1– Qatar Court of First Instance – Case No. 3584/2016 – 28 February 2017 –– Request for Payment Due Under Contract – Action Filed Before the Qatari Court of First Instance – Violation of the Contract Between the Parties by the Respondent Alleged by Claimant – Contract Containing Arbitration Clause – Respondent's Contention That the Claim is Inadmissible Due to the Existence of an Arbitration Clause – Case Dismissed by the Qatari Court of First Instance

No. 2– Qatar Court of First Instance – Fourth Circuit – Case No. 144/2018 – 22 May 2018 –– Action Filed Before the Qatar Court of First Instance – Alleged Violation by Respondent of Sub-Contract for Works Between the Parties – Main Contract Including an Arbitration Clause – Provision Considering All the Main Contract’s Clauses an Integral Part of the Sub-Contract Except for the Provisions Pertaining to the Price – Respondent's Contention that the Arbitration Clause Extends to the Sub-Contract – Action Declared Inadmissible Due to the Existence of Arbitration Clause – Case Dismissed

Syrian Case Law

No. 1– Syrian First Civil Court of Appeal – 8 May 2018 –– Request to Annul an Arbitral Award and Stop Its Enforcement – Dispute Concerning Nomination of Five Arbitrators Despite the Contract Providing for the Nomination of Three Arbitrators – Number of Arbitrators Must Be an Odd Number – Nomination of Five Arbitrators Instead of Three is Not a Ground for Annulment of the Arbitral Award – Rejection of the Appeal – Arbitral Award Considered Enforceable

Tunisian Case Law

No. 1– Tunisian Court of Cassation (Combined Chambers) – Case No. 20918/2015 – 28 June 2018 –– Challenge of the Tunis Court of Appeal’s Judgment – Appeal Judgment Annulling Arbitral Award for Violation of the Confidentiality of the Deliberations – Arbitral Award Containing the Dissenting Opinion of the Arbitrator – Confidentiality of the Deliberations is Applicable During the Arbitral Proceedings but Not After the Arbitral Award Is Published – No Violation of the Principle of Confidentiality of the Deliberations – Annulment of the Court of Appeal’s Judgment 129

UAE Case Law

No. 1– Dubai Court – Appeal No. 210 of the Year 2016 – 21 December 2016 –– Arbitration Proceedings Before the Dubai International Arbitration Centre – Dispute Based on a Contract of Sale and Purchase of a Unit – Waiver by the Parties of Their Right to Resort to Arbitration – Claim Brought Before the Dubai Court of First Instance – Refusal by the Court of First Instance to Rule on the Merits of the Dispute Because of the Presence of an Arbitration Clause in the Disputed Contract – Appeal of the Court of First Instances’ Judgment – Arbitration Clause Considered Waived by the Parties Who Requested to Close the Arbitration File – Arbitration Cannot Be Repeated for the Same Dispute Already Litigated in Court Between the Same Parties – Annulment of the Court of First Instances’ Judgment and Remittal of the Dispute to the Court of First Instance to Rule on the Merits of the Dispute


No. 1– Minister of Finance (Inc) and 1MDB v IPIC and Aabar – High Court of Justice – The Business and Property Courts of England & Wales – Commercial Court – 8 May 2019 –– Arbitration Arising out of a Term Sheet Agreed Between the Parties – Defendants Incorporated in the Emirate of Abu Dhabi – Consent Award Issued After Parties Settled Arbitration – Terms Set Out in a Settlement Deed and a Supplemental Deed Both Containing Arbitration Agreements – Challenge of The Consent Award – Allegation that the Tribunal Did Not Have Substantive Jurisdiction and that the Award Was Procured by Fraud or Contrary to Public Policy – Allegation of Misappropriation and Conspiracy – Conspiracy Was Allegedly Furthered Through the Agreement of the Term Sheet, the Settlement Deeds and the Consent Award – Contention That the Choice of Arbitration Was Part of the Attempts to Conceal and Prevent Investigation of this Conspiracy – Respondent Initiating Two Further Arbitrations Under the Settlement Deed and Supplemental Deed – Respondents' Application to Stay Claimant’s Challenge Pending the Outcome of the New Arbitrations on the Basis of Section 9 of the Arbitration Act 1996 Providing for Automatic Stay as of Right – Judge Ruled That no Stay Could be Ordered Under Section 9 of the Arbitration Act 1996 – Judge Ruled a Temporary Case Management Stay of the Challenge Proceedings to Allow the Second Arbitrations to Proceed First – Commentary by Craig Tevendale, Stuart Paterson and Steven Chua



No. 1–Tethyan Copper Company Pty Limited v. Islamic Republic of Pakistan – ICSID Case No. ARB/12/1 – 12 July 2019 – International Investment Arbitration – International Bilateral Treaty Between Australia and Pakistan – Rights Under a Joint Venture Agreement Concluded with the Province of Balochistan for the Development of a Copper-Gold Mine – Claim Arising Out of the Decision by the Pakistani Province of Balochistan to Refuse the Application by Claimant’s Local Operating Subsidiary for a Mining Lease in Respect of a Gold and Copper Site – Pakistan Supreme Court Judgment's Ruling the 1993 Agreement Between Claimant and the Federal Government as Against the Interest of Pakistan and Set it Aside – Allegation Raised by Respondent Before Supreme Court That the Contract Was Tainted with Corruption and Thus Void – Supreme Court of Pakistan Held That the Mining Company Had No Rights Under the Lease Agreement – Award on Liability Held that Pakistan Breached the Australia-Pakistan BIT by Not Applying the Agreement – Arbitral Tribunal Decided that Pakistan Failed to Submit Solid and Persuasive Evidence of Corruption in the Making or Performance of the Investment – Award on Quantum Ordered Pakistan to Pay an Amount of 6 Billion USD – Commentary by Rana Sajjad Ahmad


I. New and Recent Arbitration Cases

II. Conferences, Seminars and Trainings

III. Miscellaneous News about Lawyers, Law Firms and Other Institutions



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