International Journal of Arab Arbiration

Volume 5 - No. (1) 2013

 
Table of Contents
 

ARTICLES

  • Arbitrability Under UAE Law – By Karim Nassif
  • Arbitral Jurisdiction as an Indivisible Package: an Analysis of the Approach of the English and Tunisian Courts in Midgulf v. Groupe ChimiqueTunisien - One Issue, Two Perspectives – By Ahmed Ouerfelli and Iain Quirk.

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

Egyptian Case Law

  • Cairo Court of Appeal, Seventh Commercial Circuit, Arbitration Case No.4 of 128/N, Session Dated 7 September 2011 CRCICA Arbitral Award – Challenge Before the Cairo Court of Appeal – Failure to Comply With the Principle of Adversarial Process and Breach of the Right of Defence – Unequal Treatment of the Parties With Respect to the Disclosure of Powers of Attorney – Breach of the Right to Be Heard (No) – Both Parties Given the Opportunity to Present their Case – Appeal Dismissed.

Omani Case Law

  • Buraimi Court of Appeal, Commercial Circuit, Appeal No.32 T/S/2003, Dated 3 April 2011 International Commercial Arbitral Award – Request for the Setting Aside Thereof – Competence Ratione Materiae for the Court of Muscat – Jurisdiction Relating to Public Order – Jurisdiction that Can Be Raised by the Court Ex Officio – Jurisdiction that Can Be Invoked by the Parties for the First Time before the Supreme Court – Court of Buraimi not Competent to Rule on the Request for the Setting Aside of an International Arbitral Award – Request Dismissed.

Syrian Case Law

  • First Civil Court of Appeal in Aleppo, Decision Rendered on 23 December 2010 Request for Enforcement – Arbitral Award – Dissenting Opinion – Not Discussed in the Award – Public Policy Requirement to Discuss the Dissenting Opinion in the Award – Requirement that Can Be Invoked by the Judge Ex Officio – Enforcement Request Dismissed.

UAE Case Law

  • No.1- Court of Cassation, Case No.123/2009, Hearing Dated 15 March 2010 Arbitral Award – Dispute Relating to Employment Law – Dispute Relating to Public Policy – Dispute Incapable of Compromise – Dispute not Arbitrable Under the UAE Arbitration Act – Appeal Declaring the Award Null – Challenge of the Award Dismissed.

  • No.2- Dubai Court of Cassation, Decision dated 12 February 2012, Appeal No.180 of 2011 Arbitral Award – Rendered in a Real Estate Dispute – Order of Enforcement by the Dubai Court of Appeal – Registration of Real Estate is a Matter of Public Policy – Arbitration Impermissible in Matters of Public Policy – Appeal Decision Reversed for Ordering Enforcement of an Award Relating to a Non-Arbitrable Matter.

  • No.3- Federal Court of Cassation, Appeal No. 132 of 2012 (Commercial), Hearing of 18 September 2012 Foreign Arbitral Awards – Request for Enforcement Before the Dubai Courts – Dubai Court of First Instance Granting Enforcement – Challenge of the Order of Enforcement before the Court of Appeal – Submission of a Cross-Appeal Challenging the existence of the Arbitration Agreement – Enforcement Upheld and Cross-Appeal Dismissed for Lack of Jurisdiction – Challenge of the Appeal Decision for Having Denied Jurisdiction to Rule on the Existence of the Arbitration Agreement – Challenge Dismissed by the Court of Cassation – New York Convention Applicable to Foreign Awards – UAE Courts Do not Have the Power to Rule on a Cross-Appeal Challenging the Arbitral Tribunal’s Jurisdiction.

Yemeni Case Law

  • Supreme Court, Commercial Circuit, Commercial Appeal No. 44120, Hearing Dated 23 January 2011 Challenge of an Arbitrator – Conditions – Co- Arbitrators Are Siblings – Requirement to Raise the Issue before the First Instance Judges – Appellant Nominated the Challenged Arbitrator and Had Knowledge of his Situation – Challenge Dismissed.


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

English Case Law

  • London Court of Appeal (Civil Division), Decision Dated 10 February 2010, MIDGULF INTERNATIONAL LIMITED v. GROUPE CHIMIQUE TUNISIEN contract for Supply of Sulphur between a Cypriot Company and a Tunisian State- Owned Company − Dispute Relating to the Existence of an Arbitration Clause – Cypriot Company’s Application before the Queen’s Bench for the Appointment of an Arbitrator and the Issuance of an Anti-Suit Injunction – Request Pertaining to the Non-Existence of the Arbitration Clause Dismissed – Queen’s Bench Decision Challenged Before the London Court of Appeal – Decision Reversed by the Court of Appeal for the Existence of an Arbitration Agreement – Issuance of an Anti-Suit Injunction Against the Tunisian Company Compelling it to Go to Arbitration. See Article by Ahmed Ouerfelli and Iain Quirk (Above).

ARBITRAL AWARDS RENDERED UNDER THE AUSPICES OF ARBITRAL INSTITUTIONS

  • ICSID Case No. ARB/07/12 – 7 June 2012 – TOTO COSTRUZIONI GENERALI S.P.A. REPUBLIC OF LEBANON Bilateral Investment Treaty between Italy and Lebanon – Construction Contract between an Italian Investor and the Republic of Lebanon Under the BIT – Contract Conferring Jurisdiction to Lebanese Courts – ICSID Request for Arbitration Submitted by the Investor – Constitution of the Arbitral Tribunal – Jurisdiction Partially Denied by the Tribunal – Tribunal to Rule on the Claims Only Relating to the BIT and not those Relating to the Contract – Requirements for Fair and Equitable Standards Under the BIT – Applicable Law not Agreed Upon by the Parties – Lebanese Law not Necessarily Applicable – No Delay in Expropriation – No Failure to Remove Syrian Troops from Work Areas – No Breach of the BIT for Modification of the Tax Rules – Investor’s Claims Dismissed. Commentary by Dany Khayat.


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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