International Journal of Arab Arbiration

Volume 4 - No. (1) 2012

 
Table of Contents
 

ARTICLES

  • The Judicial Annulment of the Arbitral Award in Light of Islamic Law - By Mohamed Chalghoum.

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

Egyptian Case Law

  • Court of Appeal of Cairo – Case No. 10 of 127j – Commercial Arbitration – 4 January 2011 – Arbitration – Maritime Sales – Application of Special Civil Law Rules to Maritime Sales Not Appropriate – Deliberation – Withdrawal of One of the Arbitrators from the Hearing of Issuance of the Arbitral Award – Proceedings of the Issuance of the Arbitral Award Not Null – Judge-Arbitrator – Approval to Carry Out the Arbitration Mission Not Obtained – Arbitral Award Not Null

Jordanian Case Law

  • Jordanian Court of Cassation – General Panel –Its Legal Capacity – Case No. 3309/2009 – 27 January 2010 _ Autonomy of the Arbitration Clause – The Nullity, Revocation or Termination of the Contract Does Not Affect the Arbitration Clause, If Such Clause Is Independently Valid – Invocation of the Validity of the Arbitration Clause Contained in the Contract – This Matter Not Properly Examined By the Court of Appeal from a Legal Point of View – Reversal of the Contested Decision

Lebanese Case Law

  • President of the First Chamber of the Court of First Instance of Beirut – Ruling No. 11/62 – 2 March 2011_ Arbitration Clause – Agreement on the Procedure of Appointment of the Arbitrator – Appointment Not Made – Request for Appointment Submitted to the Court – Plea for the Termination of the Arbitration Clause According to the Ten-Year Prescription – Arbitrator Decides Under His Own Jurisdiction to Examine the Dispute – Appointment of Arbitrator Made By the Court

Moroccan Case Law

  • President of the Commercial Court in Casablanca – Order No. 657/2010– 31 March 2010 _ Request for Appointment of an Arbitrator By the Court – Appointment Made By the Parties – Rejection of the Request

United Arab Emirates Case Law

  • Court of Cassation of Dubai – Civil Challenge – Case No. 265/2007– 3 February 2008_ Arbitral Award – Has Res Judicata From the Date of Issuance – Determination of the Subject Matter of the Dispute in the Terms of Reference or During the Examination of the Case Before the Arbitrator – Challenge Rejected

Yemeni Case Law
  • Supreme Court – Commercial Circuit – Panel (B) – Commercial Challenge No. 34858 – 27 October 2009 _ Arbitration Clause – Expiry Thereof With the Expiry of the Contract (No) – Autonomy of the Arbitration Clause (Yes) – Inclusion Thereof in the Contract Supplement (Yes) – Rejection of the Challenge
 
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