International Journal of Arab Arbiration

Volume 5 - No. (2) 2013

 
Table of Contents

ARTICLES

  • The Specificity of Arbitrating Sports – Related Disputes – By Marc Peltier

ARBITRATION-RELATED DECISIONS ISSUED BY STATE COURTS IN ARAB JURISDICTIONS


Egyptian Case Law

  • Cairo Court of Appeal – Seventh Commercial Circuit – Arbitration Case No. 32 of 128j – Hearing of 6 June 2012  CRCICA Award – Request for the Setting Aside of the Award Together With Claims Against the CRCICA Centre and the Arbitral Tribunal – the CRCICA Centre Is an International Body Having Immunity from Suit vis-ΰ-vis Egyptian Courts – Claims Against the CRCICA Dismissed – Claims Against the Arbitral Tribunal – Not Possible in Conjunction With a Request for the Setting Aside of the Arbitral Award – The Tribunal No Longer Being Seized With the Dispute – Claims Against the Arbitral Tribunal Dismissed – Request for the Setting Aside of the Award for Irregularity of the Composition of the Arbitral Tribunal – Express Approval of the Composition by the Parties During the Hearing – Request for the Setting Aside of the Arbitral Award Dismissed.

Lebanese Case Law

  • Metn Eighth Chamber of First Instance – Decision No. 17/2010 – 30 June 2010 – Arbitration Clause – Three-Member Arbitral Tribunal – Chairman to Be Appointed By the Court of First Instance of Mount Lebanon – Dispute as to the Appointment of the Chairman – Request for Appointment Before the Court of First Instance of Mount Lebanon – Request Granted and Chairman Appointed by the Court.

Moroccan Case Law


  • Court of Cassation – Commercial Chamber – First Division – Decision Number 1467 – Commercial File Number 208/3/1/2001 – 12 December 2011ΎArbitration Agreement Signed in July 2007 – New Arbitration Act No. 05-08 in Force as of 6 December 2007 – Arbitral Award Rendered Under the Ambit of the New Arbitration Act – Request for the Setting Aside of the Arbitral Award Pursuant to the Provisions of the Old Arbitration Act – Request Dismissed by the Court of Appeal Pursuant to the Provisions of the New Act – Challenge of the Appeal Decision in Cassation for Wrong Application of the Law –Arbitration Agreement Signed Under the Old Law – Old Law Applicable to the Dispute – Appeal Decision Reversed.


Syrian Case Law


  • Court of Cassation – First Civil Chamber – Challenge No. 2237 – Decision No. 209 –4 April 2011ΎDomestic Arbitration – Arbitral Award – Order of Enforcement Request Before the Court of Appeal – Request Dismissed – Challenge in Cassation Against the Appeal Decision – Request for Enforcement Can Only Be Dismissed for Matters of Public Policy – The Disputed Company Is Under Mortgage – Mortgage Is a Matter of Public Policy – Challenge Dismissed – 23



ARBITRAL AWARDS RENDERED UNDER THE AUSPICES OF ARBITRAL INSTITUTIONS


  • Tunisian National Sports Arbitration Committee – Case No. 96/2012 – 12 March 2012 ΎDomestic Sports Arbitration – Professional Players Are Employees Bound to the Club by an Employment Contract – The Right of the Club vis-ΰ-vis a Player Is a Personal Right and not a Propriety Right – A Breach by a Player of his Obligations Under the Employment Contract Can Only be Limited to Monetary Compensation for Damages – "Specificity” of Sports Arbitration – Protective Rules – Necessity to Broadly Interpret the Rules Relating to the Player’s Performance Under the Contract – In Case of Ambiguity, Interpretation Should Be Made in Favour of the Player’s Interests – Requirement to Mention the Player’s Name in the Contract – Binding and Final Character of Sports Arbitral Awards. See Article by Marc Peltier (Above)

ARBITRATON NEWS

I.Updates on New and Recent Laws and Cases.
II. Conferences, Trainings and Seminars
III. Miscellaneous News About Law Firms and other Institutions
IV. Books, articles and other publications.

TEXTS/LAWS/REPORTS/DOCUMENTS

- The Arbitration Rules for Sport of the Tunisian National Olympic Committee Issued on 13 April 2010

 
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