International Journal of Arab Arbiration

Volume 6 - No. (4) 2014

 
Table of Contents

ARTICLES

  • The Pendulum of Public Policy and the Enforcement of Arbitral Awards in the UAE – By Hassan Arab and Dalal Al Houti
  • The Debate on the Requirement to Issue Arbitral Awards in the Name of the Supreme Authority and its Bearing on the Legal Nature of Arbitral Awards – By Ashraf Al-Feshawi

ARBITRATION-RELATED DECISIONS ISSUED BY STATE COURTS IN ARAB JURISDICTIONS

Egyptian Case Law

  • Cairo Court of Appeals – 7th Commercial Circuit – Case No. 48 for judicial year
    No. 130 – Commercial Arbitration – Hearing of 2 June 2014  Contract for Supply of Oil and Gas - CRCICA Arbitration Agreement – New Egyptian Regulation Increasing Gasoline's Price – Request for Arbitration – Claim Pertaining to the Reconsideration of the Contract’s Gas Price – CRCICA Award Dismissing the Claim – Challenge of the Award before the Courts of Appeals in Cairo – Alleged Disregard of the Egyptian Law on Gasoline Prices which is of Public Policy – Arbitration Proceedings not Identical to Court Proceedings – Arbitral Awards not Identical to Court Judgments – Arbitration not an Exception to Court Proceedings but Rather a Unique and Distinct Justice System – Courts not to Interfere with the Arbitration Justice – Action on Nullity not Allowing Judges to Supervise the Manner by Which Arbitrators Have Done Justice – Grounds for Nullity to Be Strictly Interpreted – Judges not Having the Power to Supervise the Correct Application of the Law – Validity of the Award – Challenge Dismissed

Lebanese Case Law

  • Court of Cassation – 5th Civil Chamber – Decision No. 84/2014 – Dated 20 May 2014  Arbitration Award – Summary Enforcement Ordered by the Arbitrator – Request Before the Court of Appeals to Stay the Summary Enforcement for Alleged Nullity of the Award – Court of Appeals’ Dismissing the Request – Challenge of the Court of Appeals’ Decision Before the Court of Cassation – Purported Violation of the Law for not Having Stayed Enforcement – Order for Summary Enforcement Taken in Violation of Articles 571 and 797 CCP – Requirements for Legal Summary Enforcement Under Said Articles not Met – None of the Parties Having Requested Summary Enforcement – Arbitrator Having Exceeded his Mission – Summary Enforcement to Be Stayed – Annulment of the Court of Appeals’ Decision.

Moroccan Case Law

  • No. 1 - Commercial Court of Appeals in Casablanca – Decision No. 1989/2012 – 10 April 2012  Domestic Arbitration – Contract of Stewardship of a Sports Club – Arbitral Award – Termination of the Contract and Allocation of Damages – Challenge of the Award Before the Court of Appeals in Casablanca – Improper Constitution of the Arbitral Tribunal – Appointed Arbitral Secretary Having Acted de Facto as Arbitrator – Excess of Power – Termination not Covered by the Arbitration Agreement – Partial Annulment of the Award – Nullity of the Part Dealing with Termination – Court’s Power to Rule on the Subject Matter of the Annulled Part of the Award under Articles 327 to 337 CCP – Decision of the Court to Terminate the Contract.

  • No. 2- Court of Cassation – Commercial Chamber – 1st Division – Decision No. 1/71 – 21 February 2013  Arbitral Award – Request for Exequatur Before the President of the Court of Appeals – Request Granted – Challenge of the Exequatur Order Before the Court of Appeals – Challenge Dismissed – Challenge Before the Court of Cassation – Lack of Reasoning – Challenge Dismissed – A Challenge for the Nullity of an Award Entails de Jure a Challenge of the Order Granting Exequatur.

Qatari Case Law

  • Court of Cassation – 1st Civil Circuit – Civil Challenges Nos. 45 & 49 for 2014 – 25 March 2014  Institutional (ICC) Award Rendered in Qatar – Challenge of the Award Before the Doha First Instance Tribunal – Award Set Aside for not Having Been Issued in the Name of the Emir (Prince) – Appeal of the First Instance’s Judgment Before the Court of Appeals – Appeal Dismissed – Challenge of the Appeal Decision Before the Court of Cassation for Misapplication of the Law – Exclusion of the General Rules of Civil Procedure by Article 192 of the Qatari Civil Code of Procedure Relating to Arbitration – Requirement that Rulings Be Issued in the Name of the Prince not Applicable to Arbitral Award – Arbitral Awards Rendered in Qatar not Required to Be Issued in the Name of the Prince – Appeal Reversed. Commentary by Minas Khatchadourian.

UAE Case Law

  • Abu Dhabi Court of First Instance – Case No. 2847/2013 – Hearing of 12 February 2014  Real Estate Contract – Arbitration Agreement under Abu Dhabi Center for Conciliation and Arbitration – Dispute between the Parties – Arbitral Award – Termination in Favor of the Purchaser – Request for Confirmation of the Award Before the Abu Dhabi Court of First Instance – Defendant Alleging the Nullity of the Award – Real Estate Disputes Allegedly Inarbitrable Under UAE Law – Individual Property Being a Public Policy Matter – Ruling Dismissing the Plea – State Courts’ Restrictive Supervisory Role in Matters Pertaining to Public Policy – Public Policy Relates to Fundamental Rights Aiming at Preserving the Higher Interest of the Society – Imperative Laws Aiming at Protecting Private Interests – Not Relating to Public Policy – Not all Aspects Relating to Property to Be Considered of Public Policy Under Article 3 Code of Civil Procedure and Thus Inarbitrable – Only Those Aiming at Protecting a General Interest are Inarbitrable – Registration in the Real Estate Register Aiming at Protecting a General Interest – Disputes Arising Thereof are Inarbitrable – Termination of a Real Estate Agreement Relating to a Private Interest – Private Interest of the Parties to the Agreement at Stake – Public Policy not Involved – Dispute not Inarbitrable – Award Confirmed.



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


  • Paris Court of Appeals – 1st Division – 1st Chamber – Decision No. 11/17961 – 26 February 2013 – SPRECHER BERRIER & PARTNERS AND OTHERS VS. HIRVALON FINANCE AND OTHERS  Arbitration Clause (ICC ) in the Articles of Association of a Company – Dispute Amongst the Shareholders – ICC Arbitration Proceedings – Constitution of an Arbitral Tribunal – Procedural Order on the Language of the Proceedings – Partial Award Confirming the Jurisdiction of the Arbitral Tribunal vis-ΰ-vis Some Corporate Respondents that Had been Liquidated then Reinstated – Request for the Setting Aside of Both the Procedural Order and Partial Award Before the Paris Court of Appeals – Request that the Procedural Order Be Characterized as Partial Award for Having Actually Settled a Disputed Matter – Nullity of Said Order for Having Unduly Chosen the Language of the Arbitration – Order Aiming at Organizing the Proceedings – Not an Award – Not Subject to a Direct and Separate Challenge – Only Subject to Challenge Along With the Final Award – Challenge Against the Procedural Order Inadmissible – Alleged Nullity of the Partial Award for Having Held the Arbitral Tribunal’s Jurisdiction vis-ΰ-vis Non-Signatories – Application of an Arbitration Clause in International Disputes to Non-Signatories Having Been Aware of the Clause and Having Participated in the Implementation of the Underlying Contract (No) – Arbitration Clause Binding Upon the Company and its Shareholders but not on Non-Signatories – Partial Award Valid – Challenge Dismissed. Commentary by Romain Dupeyré.


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