International Journal of Arab Arbitration

Volume 8 - No. (1) 2016

Table of Contents 

ARTICLES

- The New Bahraini Arbitration Act – by Nassib Ziadé

- Saving the Lustre of Arbitration in Qatar: the Time for Reforms – by Amir Ibrahim

ARBITRATION–RELATED DECISIONS ISSUED BY STATE COURTS IN ARAB JURISDICTIONS

Egyptian Case Law

- Cairo Court of Appeals - Case No. 37/131 4 March 2015 Ύ CRCICA International Arbitration – Arbitration Proceedings Between a Public Entity and a Private Company - Constitution of an Arbitral Tribunal – Chairman of the Tribunal Appointed as Minister in the Egyptian Government – Award Rendered Against the Public Entity – Setting Aside of the Award Before the Cairo Court of Appeals – Challenge Based on the Improper Constitution of the Arbitral Tribunal for Having the Chairman Simultaneously Holding a Public Position as Minister – Plea Based on the Failure to Stay the Proceedings in Light of Simultaneous Criminal Proceedings in a Related Matter – Challenge Dismissed – Constitution of the Arbitral Tribunal Not Affected by the Subsequent Appointment of a Member as Minister – Arbitrator’s Duty Different from a Public Duty – Stay of the Proceedings not Required Where the Criminal Matter Was not Relied Upon in the Final Award

Iraqi Case Law

- President of the Court of Appeals in Bagdad – 3 August 2015 Ύ Insurance Agreement – Arbitration Clause – Fire Incident Causing an Explosion in the Insured Stores – Refusal by the Insurance Company to Compensate – Request for Arbitration Against the Insurance Company for Compensation – Arbitral Award Determining the Extent of the Liability of each Party – Challenge of the Award by the Insurance Company Before the Court of First Instance – Award Confirmed by the Court of First Instance – Appeal Against the First Instance Decision Before the President of the Court of Appeals in Bagdad – Award Purportedly Ruling on a Matter Other than the One Requested by the Parties – Not a Ground for Challenge – First Instance Decision Confirmed and Award Upheld

Jordanian Case Law

- Court of Cassation – Case No. 320/2015 – 31 March 2015 Ύ Employment Contract – Arbitration Clause – Alleged Abusive Dismissal of the Employee – Recourse to the Jordanian Employment Court – Court’s Reference to Arbitration for the Existence of an Arbitration Clause – Appeal of the Decision – Court of Appeals’ Reversal of the First Instance Decision – Recourse to the Court of Cassation – Alleged Existence of an Arbitration Clause – Challenge Dismissed – Invalidity of the Arbitration Clause – Violation of Article 4 of the Employment Law – Mandatory Jurisdiction of the Court of Employment – Public Policy – Invalidity of any Agreement to the Contrary

KSA Case Law

- Board of Grievances – Civil Court of Appeals – Decision dated 1435 AH Ύ Arbitral Award – Reliance on an Expert Report – Challenge Requesting the Setting Aside of the Award Before the Board of Grievances – Improper Reliance on the Expert Report – Submitted Ground not a Valid Ground for Setting Aside an Award – Ground Relating to the Merits of the Dispute – Challenge Dismissed

Lebanese Case Law

No. 1–Civil Court of Appeals in Mount Lebanon –Decision No. 61/2015 – 30 April 2015 Ύ Arbitral Award – Challenge for the Setting Aside of the Award Before the Mount Lebanon Court of Appeals – Award Having Allegedly Ruled on Matters Outside the Scope of the Arbitration Agreement – Award Containing a Summary of the Facts and Pleadings – Award Not Ruling on a Matter Outside the Scope of the Arbitration – Challenge Dismissed 

No. 2–Civil Court of Appeals in Beirut – Third Chamber – Decision No. 540/2015 – 8 April 2015 Ύ Domestic Arbitral Award – Challenge of the Award Before the Beirut Court of Appeals – Alleged Waiver of the Right to Arbitration – Requirement to Refer to Arbitration Under the New York Convention – Prior Recourse to State Courts with No Objection – New York Convention Applicable to Foreign Awards – Articles 30 and 46 of the Lebanese Code of Civil Procedures and Article 2 of the New York Convention Providing for the Same Duties upon Courts– State Courts’ Duty to Refer to Arbitration Upon the Request of A Party – Request Dismissed

Sudanese Case Law

- Supreme Court of Appeals – Decision No. 131/2015 – 14 April 2015 Ύ Arbitration Proceedings – Time-Limit for Rendering of the Award – Failure of the Arbitrators to Issue the Award Within the Prescribed Time Limit – Time Effectiveness Being an Important Aspect of Arbitration – Such Failure Entitling the Parties to Revert to State Courts to Rule on their Dispute 

UAE Case Law

- Dubai Court of Appeals – Challenge No. 653/2013 – 21 December 2014 Ύ Ad Hoc Arbitral Award – Challenge Before the Court of Appeals – Erroneous Reasoning Pertaining to the Merits of the Dispute– Not a Ground for the Setting Aside of the Award Under Article 216 of the UAE Code of Civil Procedure – Challenge Dismissed

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

- High Court of Justice – Chancery Division – Decision dated 22 May 2015 – Bank of Beirut and Banque du Liban V. HRH Prince Adel El-Hashemite and The Registrar of Companies for England and Wales Ύ Alleged Iraqi Prince Appointed as Arbitrator – Arbitration Under the Auspices of an Alleged Forum of Human Rights Arbitration- Alleged Arbitration Award rendered by the Prince Against Bank of Beirut and Banque du Liban – The Prince Requesting Payment of the Award Instead of the Successful Party Before the English Courts – Application Before the Registrar of Companies for England and Wales in order to add a note of the debt on the Company's registry Bank of Beirut and Banque du Liban Object to the Application Before the High Court of Justice in London – Request to Remove the Notes from the Company's Registry for Alleged Fraud – No Proof of Fraud – Request Dismissed

ARBITRATION NEWS

I.. Updates on New and Recent Laws, Cases and State Activities

II. Conferences, Trainings and Seminars

III. Miscellaneous News about Lawyers, Law Firms and Other Institutions 

IV.Books, Articles and Other Publications

TEXTS/LAWS/REPORTS/DOCUMENTS

- The New Bahraini Arbitration Act issued by Law No. (9) of 2015 dated 5 July 2015 145

- UNCITRAL Model Law on International Commercial Arbitration 1985 With Amendments as Adopted in 2006

 

 

 

 

 


 
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