International Journal of Arab Arbiration

Volume 4 - No. (4) 2012

 
Table of Contents
 

ARTICLES

  • Waivers of Recourse in International Arbitration – Where Switzerland and Tunisia Meet– By Joachim Knoll.
ARBITRATION-RELATED DECISIONS ISSUED BY STATE COURTS IN THE ARAB JURISDICTIONS

Egyptian Case Law

  • Court of Appeal – Cairo – Seventh Commercial Circuit – Appeal No. 38 of 128J – 8 January 2012 ― International Arbitration – arbitration Agreement – Reference to the Arbitration Rules of the Central Housing Cooperative Union – Arbitral Award – Request for Annulment for Having Been Issued Outside the Time - Limit rovided for under Article 45 of the Egyptian Arbitration Law – Arbitral Procedure Governed by the Arbitration Rules Chosen by the Parties and Not by the Supplementary Rules of the Egyptian Arbitration Law – No Contravention in the Award to the Rules of the Union Nor to the Interests or Fundamental Rules of Proceedings Under the Egyptian Arbitration Law – Request for Annulment Rejected.

Lebanese Case Law

  • No. 1- Civil Court of Cassation – Fifth Chamber – Decision No. 23/2012 – 28 February 2012 ― Request for Re-examination of the Case Under Article 690 (5) of the Code of Civil Procedure – Re-examination of the Case Requires Under Article 690, Inter Alia, the Challenged Decision to Have Relied on a Ruling that Was Later Annulled or Revoked – Criminal Court of Appeal Denied Jurisdiction Regarding Civil Liability Due to the Existence of an Arbitration Clause – Such Decision Not Constituting a Ground of Revocation of a Previous Decision – Request for Re-examining the Case Dismissed.

  • No. 2- Beirut Chamber of First Instance – Decision No. 15/46 – 16 January 2012 ― Challenge of an Arbitrator – Arbitrator Was the Attorney of One of the Parties in the Arbitration – Said Attorney However Had Not Accepted the Arbitration Mission – Challenge Unfounded as Challenged Arbitrator Did Not Accept the Appointment.

Moroccon Case Law

  • Commercial Court of Appeal – Casablanca – Decision No. 810/2011 – 1 March 2011– Challenge of an Arbitral Award – Conditions for Admissibility – Submission of the Challenge Within Fifteen Days of the Notification of Order of Enforcement –
  • Rejection to Grant Enforcement by the Court of Appeal – Confirmation of the Court of Appeal’s Ruling by the Court of Cassation – Ruling Irrevocable – Requirements for the Challenge Not Satisfied – Challenge Dismissed.

Qatari Case Law

  • Civil Court of Cassation – Challenge No. 64 of 2012 – Third Circuit – 12 June 2012– Arbitral Award – Not Issued in the Name of the Highest Authority of the State of Qatar – Arbitral Award Serving as a Court Judgment – Qatari Constitution Requiring Court Judgments to Be Issued in the Name of the Emir (Highest Authority) Subject to Nullity – Requirement Relating to Public Policy – Ground for Annulment that Can Be Raised by the Courts Ex Officio – Arbitral Award Annulled for Failing to Satisfy a Formal Constitutional Requirement. Commentary by Minas Khatchadourian.

ARBITRATION-RELATED DECISIONS ISSUED BY STATE COURTS IN THE NON-ARAB JURISDICTIONS

French Case Law

  • Paris Court of Appeal – Second Chamber – First Section – 18 January 2012 – SAS DISTRI EUROPEAN STOCK ["DES”] vs. SA L’Oréal ― Commercial Distribution Contract Between a French Company (L’Oréal) and an Algerian Company (El Wassila) – Arbitration Clause – Algerian Company not in a Position to Provide Requested Guarantee and Appointed DES as Representative in the Relationship With L’Oréal – Contract with El Wassila Terminated by L’Oréal – n Action by DES Against L’Oréal Before the Paris Commercial Court for Termination of their Commercial Relationship – L’Oréal Invoked the Court’s Lack of Jurisdiction Due to the Existence of an Arbitration Clause – Commercial Court Dismissed the Action for Lack of Jurisdiction – DES Challenged the Court’s Decision Before the Paris Court of Appeal for Enforcing an Arbitration Clause on a Third Party to the Distribution Contract – Paris Court of Appeal Dismissed the Challenge Relying on the Lack of Evidence of a Commercial Relationship Between DES and L’Oréal that Would Be Independent from the Distribution Contract Containing the Arbitration Clause. Commentary by Audrey Weissberg.

Swiss Case Law

  • No. 1- Swiss Federal Tribunal – First Civil Court – 21 March 2011 ― International Arbitration – Shareholders’ Agreement – ICC Arbitration Clause Containing a Waiver of "Appeal” against the Final Award Before "Any Court of Law” – Arbitration Proceedings Initiated for Breach of a Shareholders’ Agreement – Final Award Issued – Addendum Rectifying the Final Award Also Issued – Challenge of the Addendum Before the Swiss Federal Tribunal Under Article 190 of the Swiss Private International Law Code – Challenge Dismissed by the Federal Tribunal for Inadmissibility Due to the Waiver of Appeal Contained in the Arbitration Clause. See Article by Joachim Knoll.

  • No. 2- Swiss Federal Tribunal – First Civil Court – 4 January 2012 ― International Arbitration – Option Agreement – ICC Arbitration Clause Containing a Waiver of "Appeal” against the Final Award Before "Any Court of Law” – Arbitration Proceedings Initiated for Breach of the Option Agreement – Final Award Issued – Challenge of the Final Award Before the Swiss Federal Tribunal Under Article 190 of the Swiss Private International Law Code for Breach of the Right to Be Heard and the Swiss International Public Policy – Challenge Dismissed by the Federal Tribunal for Inadmissibility Due to the Waiver of Appeal Contained in the Arbitration Clause. See Article by Joachim Knoll.

ARBITRATON NEWS

I. Updates on new and recent laws and cases.
II. Conferences, training and seminars.
III. Miscellaneous news about law firms and other institutions.
IV. Books, articles and other publications.



 
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