International Journal of Arab Arbiration

Volume 3 - No. (4) 2011

 
Table of Contents
 

 ARTICLES

  • The Syrian Arbitration Law: Four years after the enactment of Law No. 4 of 25 March 2008 – by Lina el-Hakim

ARBITRATION-RELATED DECISIONS ISSUED BY STATE COURTS IN THE ARAB COUNTRIES

Bahraini Case Law

  •  Court of Cassation – Second Circuit – Challenge No. 259/2009 – 4 May 2010 ― Ruling to Appoint Arbitrators – Proceedings Handled by the Court – Time Limit Starts to Run When Arbitrators Accept Their Mission – Confirmation of the Agreement on Arbitration in Writing – Determination of the Subject Matter of the Dispute Either in the Arbitration Agreement or During the Proceedings – Assessment of the Evidence submitted by the Court Ruling on the Merits of the Case – Prohibition to Agree on the Statutes of Limitation of the Case or on its Nonhearing in a Period Differing from the Period Established by the Law – Duty to Raise the Statute of Limitation Before the Court Ruling on the Merits of the Case – Challenge Rejected

Egyptian Case Law

  • Cairo Court of Appeal – Seventh Circuit – Commercial Arbitration No. 70 of 123j – 9 March 2011 ― Contract Signed Between [X] and [Y] Company – [Y] Company to Buy Stocks of the Founding Partners in [Z] Company by Virtue of Contract – Contract Containing Arbitration Clause – Arbitration Case Filed by Joinder of Remaining Sellers Requested by [X] – Award Ordering Solely [X] to Pay a Sum to [Y] Company – Request for Joinder Rejected – Action for Annulment Filed by [X] Against the Award – Rejection Thereof – Appeal in Cassation – Remittal of the Case to the Court of Appeal for Further Review – Action for Annulment Irrelevant – Rejection Thereof – Confirmation of Appealed Award

Jordanian Case Law

  • Court of Appeal – Request for Annulment No. 203/R/2009 – 23 March 2010 ― Arbitral Award – Request for Annulment – Legal Reasoning – The Control of the Arbitral Award Does Not Extend to the Merits of the Case – The Control by the Judge of Annulment is Procedural Provided Public Policy is Not Violated – Arbitral Tribunal Constituted by Agreement – Validity of Said Constitution – Findings of the Award Supported by Evidence – The Arbitral Tribunal Did Not Exceed Its Mission – The Arbitration Law Does Not Require the Payment of Duties and Stamps for the Deeds – Validity of the Arbitral Proceedings – No Failure by the Arbitral Tribunal to Examine Any Claim – Request for Annulment Rejected – Arbitral Award Upheld

Lebanese Case Law

  • Court of First Instance in Beirut – First Chamber – Ruling No. 14/55 – 8 March 2011 ― Arbitration Clause – Request for the Rendition of a Ruling Adjudicating the Nullity Thereof – Penal Action – "The Penal Proceedings Take Precedence Over the Civil Proceedings” – Request for Postponement of the Settlement of the Civil Action Pursuant to Said Rule – Rejection of the Request – Rejection of the Case

Omani Case Law

  • Court of Appeal – 19 October 2010 ― Employment Contract – Arbitration Clause Included Therein – Dispute Governed by the Provisions of the Omani Labor Law – Imperative Nature of Such Legal Provisions – Necessity of Disregarding the Arbitration Clause Set Out in the Contract – Annulment of Appealed Ruling – Remittal of the Case to the Court of First Instance for Settlement on the Merits

Qatari Case Law

  • Court of Cassation – First Civil Circuit – Challenge No. 85 of 2010 – 1 June 2010 ― Doha Securities Market (DSM) – Creation of an Exceptional Means for the Settlement of Disputes Relating to Transactions Performed in the DSM –Administrative Authority Entrusted With the Settlement of Said Disputes – Decisions Issued Thereby Final and Not Subject to Any Means of Recourse – Administrative Authority Different from the Ad Hoc Arbitral Tribunals Provided for in Article 13 of the Code of Civil and Commercial Arbitration No. 13 of 1990 – Confirmation of Appeal Decision – Rejection of the Challenge

ARBITRATION NEWS

  1. Updates on new and recent laws and cases 
  2. Conferences, training and seminars 
  3. Miscellaneous news about law firms and other institutions 
  4. Books, articles and other publications
 
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