International Journal of Arab Arbitration

Volume 7 – No. (1) 2015

Table of Contents

ARTICLES

 -ADCCAC: New Rules … a year later − by Karim Nassif

 

ARBITRATION-RELATED DECISIONS ISSUED BY STATE COURTS IN ARAB JURISDICTIONS

Egyptian Case Law

No. 1 - Cairo Court of Appeals – Commercial Circuit No.62 – Arbitration Case No.23 for judicial year of 128 - Audience dated 4 August 2014 Ύ Arbitral Award – Challenge for Annulment Before the Court of Appeals – Award not Registered with the Court’s Registry – Not a Ground for Annulment as it is Subsequent to the Rendering of the Award – Not a Ground under Article 53 of the Law on Arbitration – Challenge Dismissed.

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No.2 – Cairo Court of Appeals, Eighth Commercial Circuit – Arbitration Case No. 13 for judicial year No.128 - Audience dated 20 April 2014 Ύ Extension of the Deadline for the Submission of an Action for Annulment in the Event the Award is not Notified to the Convicted – Inadmissibility of a Request to Stay the Enforcement of the Arbitral Award by Way of a Counter- Request – An Arbitration Clause Is Deemed Valid if it was Validly Included in one of the Agreements in a Multi-Party Contract – The Proof of Forgery of a Document Containing an Arbitration Clause Is not Sufficient to Declare the Nullity of the Clause – A Res Judicata Effect of a Decision vis-ΰ-vis an Arbitral Award Requires Identity of the Parties, of the Subject-Matter and of the Grounds – The Annulment Judge Does not Control the Validity of the Arbitrator’s Examination of the Facts and Application of the Law – the Annulment Judge Has no power to Amend the Arbitral Award.

Jordanian Case Law

-Court of Cassation - Case number 360/2014 - 16 June 2014 Ύ Arbitration Proceedings – Grounds for Setting Aside the Arbitral Award Restrictively Mentioned in the Jordanian Arbitration Law – Most of the Grounds Relating to Procedure – Arbitral Tribunal’s Authority to Settle Part of the Claims Before Rendering the Final Award – No Requirement that the Award Be Issued in the Name of the King.

 

Lebanese Case Law

-President of the Court of First Instance in Mount Lebanon - First Arbitration Chamber - Decision No.4/2015 dated 4 February 2015 Ύ Partnership Agreement – Arbitration Clause – Procedure for the Constitution of the Tribunal – Dispute as to the Appointment of Arbitrators – Reluctance from a Party to Appoint an Arbitrator on its Behalf – Jurisdiction of the President of the Court of First Instance to Rule on the Issue.

Moroccan Case Law

No.1 - The Court of Appeals in Casablanca, Civil Chamber - Decision No. 5799 - 14 April 2014Ύ Arbitration Proceedings – Arbitration Proceedings – Arbitrator’s Contractual Relationship with the Parties – Obligation to Render a Decision – Failure to Issue an Arbitral Award or Opinion within the Arbitration Time-Limit – Liability Towards the Parties – Order for the Arbitrator to Restitute the Fees.

No. 2 - The Court of Appeals in Casablanca – Commercial Chamber - Decision No. 253/2012 - 17 January 2012 Ύ Commercial Credit Agreement – Clause for Amicable Settlement and Arbitration – Direct Recourse to the Emergency Judge of Casablanca – Order Issued by the Emergency Judge – Appeal Against the Order Before the Court of Appeals – Appeal Admitted and Order Reversed – Violation of the Provisions of the Contract for Resorting to the Judge Without Complying with the Clause’s Amicable Settlement Procedure.

Omani Case Law

-Court of Appeal in Muscat - Commercial Circuit - Decision No. 628/2013 Ύ Arbitral Award – No challenge Against the Arbitral Award by Ordinary Means Under Omani Law – The Action for Annulment as Sole Procedural Means to Set Aside an Arbitral Award – Request for the Setting Aside of the Arbitral Award Before Muscat Court of Appeals – Alleged Misinterpretation of the Arbitration Agreement - Said Allegation Falling Outside the Jurisdiction of the Annulment Judge - Dismissal of the Action.

Qatari Case Law

-Court of First Instance - Plenary Court - 8thCircuit - Case number 2768/2012 - 24/6/2013 Ύ GCC Arbitral Award – GCC Arbitral Award – Challenge for the Setting Aside of the Award – Insufficient Substantiation of the Legal Grounds or the Error Relating Thereto a Ground for Annulment – Arbitral Award’s Distinction from Judicial Decisions with Respect to their Validity – Concept of the Contradiction Vitiating the Award – Inability to Understand the Basis on which the Tribunal Settled the Case – An Arbitration Center’s Headquarters Not Unrelated to the Place of Arbitration – The Arbitral Tribunal’s Power to Determine the Place of Arbitration Unless the Parties Have agreed To Do so – None of the Grounds for Annulment is Satisfied – Challenge Dismissed.

Syrian Case Law

-Court of Cassation - First Civil Chamber - Decision No. 49 - 10 March 2014 Ύ Arbitral Award – Action for the Setting Aside Thereof – Arbitral Tribunal’s Decision not to Stay the Proceedings Pending the Results of the Criminal Proceedings – Not a Ground for Annulment.

 

Tunisian Case Law

-Tunis Appeal Court, Case No. 25825, Session of 13 March 2012 Ύ Arbitral Award Rendered in Equity – Request for its Setting Aside Before the Tunis Court of Appeals – Limited Grounds – Violation of Public Policy – Ruling by the Arbitral Tribunal on Issues Outside its Jurisdiction – Improper Constitution of the Arbitral Tribunal – Violation by the Arbitral Awards of Fundamental Principles of Due Process – Conflicting Reasoning – A Ground for the Setting Aside – Arbitral Award Violating Sections 42 (4) & (5) of the Arbitration Act – Setting Aside of the Arbitral Award. Commentary by Anis Bettaieb.

UAE Case Law

No. 1 – Dubai Court of Cassation – Dubai – Challenge in Cassation No. 320 of 2013 – 22 June 2014 ― Sale of a Real Estate Unit Plan – Not Recorded on the Interim Real Estate Register – Dispute Relating Thereto May Not Be Submitted to Arbitration – Cannot Be Subject to Conciliation – Dispute Includes Matters that can and others that cannot be subject to Compromise – The Entire Dispute Cannot Be Submitted to Arbitration – Annulment of the Arbitral Award.

 

No. 2 –Dubai Court of First Instance– Case No. 688 of 2014 – Commercial First Instance – 17 September 2014 ― Arbitral Award –Not Subject To Any Means Of Recourse – Annulment Thereof Which may Be Requested – Request For Annulment Relates To Public Policy And may Not Be Violated – International Conventions are Considered an Internal Law That Should Be Applicable – Arbitration Agreement Is Valid Only If Signed by a Person Having Legal Capacity to Dispose of The Right – Manager Of The Limited Liability Company Has the Capacity to Agree on Arbitration Unless Explicitly Forbidden By Virtue of The Memorandum of Association – Failure to Furnish the Proof of Delegation of an Another Person to Sign the Arbitration Clause – Nullity of the Arbitration Clause – Nullity of the Arbitral Award.

 

KSA Case Law

-Board of Grievances – Commercial Circuit – Undated Ύ Clause for the Amicable Settlement of Contractual Disputes – Recourse to Arbitration in Case The Settlement Fails – A Dispute Between the Parties – Recourse to State Courts – Plea for Lack of Jurisdiction for the Existence of An Arbitration Agreement – Arbitration Agreements Subject to the Will of the Parties – Requirement of the Agreement of the Parties to Cancel such Agreement – Requirement to Comply with the Clauses Concluded Between Muslims – Lack of Jurisdiction of the Court on the Existence of an Arbitration Clause.

Yemeni Case Law

-First Commercial Appellate Division – Decision n°407 – Hearing held on 10/9/2013 Ύ Arbitration Agreement – Appointment of Four Arbitrators – Arbitration Proceedings Conducted by Three Arbitrators – Issuance of the Arbitral Award – Violation of the Provisions of the Code of Civil Procedure – Public Policy Provisions – Qualification of the Award as a Transaction - Application for Setting Aside the award – Annulment Granted.

ARBITRAL AWARDS RENDERED UNDER THE AUSPICES OF ARBITRAL INSTITUTIONS

 

-ICSID Case No. ARB/11/7 - National Gas S.A.E. v. Arab Republic of Egypt - 3 April 2014 Ύ Initiation of an Arbitration Before the ICSID by an Egyptian Company Against Republic of Egypt – Inadmissibility of an ICSID Arbitration from a National Against its own State – The Same Applies for those Holding a double Nationality - Exception Provided at Article 25 (2) (b) of the ICSID Convention – National Legal Entity Having Foreign Control – Majority of the Company’s Shares Owned by another State – Recourse to Arbitration Inadmissible – Lack of Jurisdiction of an ICSID Tribunal with Regards to the Dispute.

ARBITRATION NEWS

I. Updates on new and recent laws and cases

II. Conferences, trainings and seminars

III. Miscellaneous news about, lawyers, law firms and other institutions

IV. Books, articles and other publications

 
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