International Journal of Arab Arbitration

Volume 7 – No. (2) 2015

Table of Contents

ARTICLES

- Arbitration in the Dubai International Financial Center – By Natasha Bakirci, Mahika Hart, Reza Mohtashami and Shamlan Al Sawalehi

- The Requirements for an Effective Multi–Party Arbitration Clause in Construction Contracts–By Hazem Hussein

 

ARBITRATION–RELATED DECISIONS ISSUED BY STATE COURTS IN ARAB JURISDICTIONS

Egyptian Case Law

-Cairo Court of Appeal – 62 commercial area – Appeal No. 14 of the year 130 – Session of 10 September 2014 ¾ Arbitral Award – Dissenting Opinion – Challenge Against the Award – Alleged Non-Application of the Law Agreed Upon by the Parties by Disregarding Egyptian Law No.112/1985 – Dissenting Opinion not Included in the Award – Egyptian Law as Applicable Law – Arbitral Tribunal Applied Egyptian Law No.43/1979 – Egyptian Law Duly Applied – No Power for the Court to Rule on the Correct Application of the Egyptian Law – Signature of the Majority of the Arbitrators Sufficient for the Validity of the Award – Inclusion of the Dissenting Opinion not Required – Challenge Dismissed.

 

 

Iraqi Case Law

-Federal Court of Cassation, Decision No. 112 / B / 2013 – 18 November 2013 ¾ Arbitral Award – Request for Confirmation Before the Commercial Court of First Instance – Request Dismissed – Court’s Decision to Set Aside the Award Instead Based on Article 272 of the Iraqi Arbitration Law – Award Rendered Without Supporting Evidence – Material Procedural Default – Award Exceeding the Scope of the Arbitration Agreement – Appeal Before the Federal Court of Appeals in Bagdad – Alleged Misapplication of the Law by the Court of Appeals – Court of Appeals Having Duly Applied the Law – Appeal Dismissed – Challenge of the Appeal Decision Before the Court of Cassation – Challenge Dismissed.

 

KSA Case Law

-Board of Grievances – Commercial Court of Appeal (undated) ¾ Consultancy and Design Agreement – Arbitration Clause – Rules of Arbitration of the Saudi Council of Engineers – Cancellation of the Agreement – Refusal by One of the Parties to Appear Before the Saudi Council of Engineers – Recourse to the Commercial Court of Appeals – Request to Refer the Parties to Arbitration – Relationship Between the Parties not Commercial – Lack of Jurisdiction – Request Dismissed.

 

Lebanese Case Law

-President of First Instance Chamber– Decision 13/46– 30 March 2015 ¾ Arbitration Agreement – Ex Aequo Et Bono Arbitration – Sole Arbitrator – No Agreement Between the Parties on the Sole Arbitrator – Obstacles as to the Appointment of the Sole Arbitrator – Jurisdiction of the President of the First Instance Court in Beirut Under Article 764 of the Lebanese Code of Civil Procedure – Encountered Obstacles Not Affecting the Validity of the Arbitration Agreement – Obstacles not Due to the Ambiguity of the Arbitration Agreement – Appointment of the Arbitrator by the President of the First Instance Court.

 

Tunisian Case Law

- Tunis Court of Appeals Case No. 1003053 Session of 7 November 2013 ¾ Distribution Agreement Relating to a Tunisian Trademark – Arbitration Clause – Request for the Extension of the Arbitration Clause to Include Several Companies Before the Tunis Court of Appeals – The Companies’ Alleged Participation in the Formation and Execution of the Contract – Arbitral Tribunal’s Exclusive Jurisdiction Regarding the Extension of the Arbitration Clause to Third Parties – Request Dismissed.

UAE Case Law

- Dubai Court of Cassation appeal No. 212 in 2014 – Civil Session of 8 January 2015 ¾ Institutional Arbitration – Dubai International Arbitration Center (DIAC) – Arbitrator’s Immunity – Arbitrator’s Issuance of the Award Outside the Arbitration Time-Limit – Action for Liability Against the Arbitrator Before the Dubai Merits Courts – Action Dismissed by the First Degree Courts – Recourse to the Dubai Court of Cassation – Principle of the Immunity of the Arbitrator Under Article 24 of the DIAC Statutes – Exception in Case of Gross Professional Fault or Excessive Negligence – Estimation of the Gross Professional Fault within the Discretionary Powers of the Merits Courts – None Established – Action Dismissed.

ARBITRAL AWARDS RENDERED UNDER THE AUSPICES OF ARBITRAL INSTITUTIONS

-ICSID Award – Case No ARB/11/33 – 3 November 2015 – Adel Hamdi El Tamimi against Sultanate of Oman ¾ Investment Agreement Between Two Companies Owned by Adel El Tamimi (An American Citizen) and an Omani State Entity for Extraction of Stone Materials – Lease Agreement Between One of the Two Companies and the State Entity – Works Completed – Termination by the State Entity of both Agreements – Recourse to ICSID Arbitration Against the State of Oman on the Basis of a Convention Between Oman and the USA – Convention’s Effective date Being 1 January 2009 – Convention Applicable the Termination of the Investment Agreement – Requirements for the State to Be Liable for the Acts of One of its Entities – Effective Supervisory or Administrative Powers – Not Satisfied – State of Oman not Liable for the State Entity’s Acts. Commentary by Hady Slim.

 

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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