International Journal of Arab Arbiration

Volume 6 - No. (3) 2014

 
Table of Contents

ARTICLES

  • The Current Position of UAE Courts on Foreign Arbitral Awards - By Hassan Arab

ARBITRATION-RELATED DECISIONS ISSUED BY STATE COURTS IN ARAB JURISDICTIONS

Bahrini Case Law

  •  Court of Cassation – 2nd Circuit – Audience No.108/2012 – 21 January 2013   Arbitral Award – Challenge Before the Court of Appeals – Award Confirmed – Challenge of the Appeal Decision Before the Court of Cassation – Lack of Indication that it Constitutes an "Award” – Mere Indication that it Constitutes a "Decision” – Indication of the Due Amounts Without Ordering any Payment in Favor of a Party –Ambiguity not a Ground for the Annulment of an Award – Possible Transfer to the Arbitral Tribunal for Interpretation and Clarification – Procedural Matters to Be Inferred from the Meaning and Purpose of a Measure Rather than its Literal Words – The Decision Constituting an Arbitral Award – Challenge Dismissed and Award Confirmed.

Iraqi Case Law

  • No. 1- Higher Judicial Council – Presidency of Baghdad/Arrasafa Al-Itihadiya Court of Appeals – Cassation Committee – Case No. 671/2012 – 31 May 2012.  Arbitration Clause – Arbitration Under the Rules of the International Chamber of Commerce (ICC) –Dispute as to the Underlying Contract – Recourse to the Iraqi Court of First Instance – Stay of the Proceedings by the Court Until Final Settlement by the Arbitral Tribunal – Challenge of the Iraqi Court’s Decision in Cassation – Lack of Jurisdiction of Iraqi Courts for the Existence of an Arbitration Agreement – Court of First Instance's Duty to Decline Jurisdiction Rather Than Stay the Proceedings – Decision of the Court of First Instance Reversed

  • No. 2- Higher Judicial Council – Presidency of Baghdad/Arrasafa Al-Itihadiya Court of Appeals – Case No. 286/2011 – 15 July 2012. Arbitration Clause – Arbitration Under the Rules of the International Chamber of Commerce (ICC) – Iraqi Government as Party to the Underlying Contract – European Union’s Decision Restricting the Iraqi Government’s Right to Revert to European Courts – ICC Tribunal Dismissing the Case for Inadmissibility as per the European Union’s Instructions – Challenge of the ICC Tribunal’s Decision Before the French Courts – Recourse Before Iraqi Courts Requesting the Termination of the Underlying Contract – Iraqi Court of First Instance’s Decision to Stay the Proceedings Until Settlement Before French Courts – Challenge Before the Cassation Committee of the Iraqi Court of Appeals – Reversal of the First Instance Decision by the Cassation Committee – Challenge of the Decision Before the Court of Appeals – Iraqi Courts Having Jurisdiction to Rule on the Dispute – Requirements for Iraqi Courts to Rule on the Case Rather Than Stay the Proceedings – Confirmation by the Court of Appeals of the Cassation Committee’s Decision to Reverse the First Instance Decision

  • No. 3- Higher Judicial Council – Federal Court of Cassation – Case No. 234/235 - the First Civil Extended Committee – 21 November 2012. Arbitration Clause – Arbitration Under the Rules of the International Chamber of Commerce (ICC) – Dispute Submitted to the Iraqi Court of First Instance – Stay of the Proceedings Until Final Settlement by Arbitration – Decision Challenged and Reversed by the Cassation Committee of the Court of Appeals for not Having Declined Jurisdiction in the Existence of an Arbitration Clause – Challenge of the Decision Before the Federal Court of Cassation – Iraq as Party to the Arbitration Agreement – Jurisdiction of the Iraqi Courts to Rule on the Dispute – Violation of the Law by the Decision of the Cassation Committee for Declaring the Contrary – Cassation Committee’s Decision Reversed – Case Transferred Back to the Court Which Should Decide to Stay the Proceedings


Lebanese Case Law

  • No. 1 - Beirut Court of First Instance – 3rd Commercial Chamber – Case No. 160/2001 – Judgment of 11 November 2003 – PAN ATLANTIC S.A.R.L VS. IBERIA LINEAS AEREAS DE ESPANA S.A. Agency Agreement Between a Lebanese Company Pan Atlantic S.A.R.L (Pan Atlantic) and a Spanish Company Iberia Lineas Aereas De Espana S.A. (Iberia) – Arbitration Clause – Termination of the Agreement by Iberia Claim for Compensation Submitted by Pan Atlantic to the Beirut Court of First Instance – Plea of Lack of Jurisdiction Based on the Arbitration Clause – Plea Dismissed – Judgment Granting Pan Atlantic Compensation for Abusive Termination of the Agreement.

  • No. 2- Beirut Court of Appeals – 9th Civil Chamber – Decision No. 46/2006 – 11 January 2007   PAN ATLANTIC S.A.R.L VS. IBERIA LINEAS AEREAS DE ESPANA S.A. – Agency agreement – Termination – Judgment by the Beirut Court of First Instance Ordering Compensation to Pan Atlantic for Abusive Termination of the Agreement – Appeal of the Judgment by Iberia Before the Beirut Court of Appeals – Existence of an Arbitration Clause – Lack of Jurisdiction of the Lebanese Courts to Rule on the Merits of the Case – Invalidity of the Arbitration Clause – Exclusive Jurisdiction of the Lebanese Courts for Matters Pertaining to Agency Agreements Under Article 5 of Décret-loi No. 34/67 – Beirut Court of First Instance’s Jurisdiction to Rule on the Merits of the Dispute – Appeal Dismissed.

Moroccan Case Law

  • No. 1- President of the Court of Appeals in Casablanca – Case No. 2426/1/2011 – Order No. 3921 – 28 December 2012. ICC Arbitral Award Rendered in Geneva (Switzerland) – Request for an Exequatur Order Before the President of the Court of Appeals in Casablanca – Plea for Refusal of Exequatur – Witnesses not Heard Under Oath – Award Relying on Such Witness Testimonies – Alleged Contravention to the Provisions of Moroccan Law – Public Policy Violation (No) – ICC Rules of Arbitration Applicable to the Arbitration Procedure – ICC Rules not Imposing that Testimonies Be Heard Under Oath – Award Validly Rendered – Plea Dismissed and Exequatur Granted

  • No. 2- President of the Court of Appeals in Rabat – Case No. 1256/3/2012 – Order No. 323 – 6 March 2013  ICC Arbitral Award Rendered in Paris (France) – Request for an Exequatur Order Before the President of the Court of Appeals in Rabat – Plea for Refusal of Exequatur – Original of the Arbitration Agreement not Duly Submitted – Contravention to the Requirements of the New York Convention – Plea Dismissed – Original of the Arbitral Award Duly Submitted – None of the Parties Having Denied or Objected to the Existence of the Arbitration Agreement – Parties Having Admitted the Existence of the Arbitration Agreement During the Arbitral Proceedings – No Contravention to the Requirements of the New York Convention (No) – Exequatur Granted.


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

  • Paris Court of Appeals – 1st division – 1st Chamber – Decision No. 12/18722 – 8 October 2013 – PAN ATLANTIC S.A.R.L VS. IBERIA LINEAS AEREAS DE ESPANA S.A. Request by Pan Atlantic for an Exequatur Order for the Beirut Court of Appeals' Decision Before the Court of First Instance in Bobigny – Exequatur Granted – Challenge of the Exequatur Order Before the Paris Court of Appeals for Contravention to International Public Policy – Existence of an Arbitration Agreement – Lebanese Courts’ Lack of Jurisdiction to Rule on the Merits of the Case (Termination Issue) – No Jurisdiction for the Lebanese Courts to Rule on the Validity of the Arbitration Agreement Save for Where it Is Manifestly Null or Invalid – Jurisdiction of the Arbitral Tribunal to Otherwise Rule on the Validity of the Arbitration Agreement – Arbitration Clause not Manifestly Null – Beirut Court of Appeals’ Decision Contrary to International Public Policy – Decision not Enforceable in France – Annulment of the Exequatur Order Granted by the Court of First Instance  Commentary by Professor Pierre Mayer.


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