International Journal of Arab Arbitration

Volume 8 - No. (2) 2016

 

Table of Contents

ARTICLES

- The Arab League’s Difficult Path Towards a Greater Quality and Clarity of Regional Investment Law: the Amended Arab Investment Agreement of 2013 Enters into Force– By Walid Ben Hamida

- The Revision of Article 257 of the UAE Penal Code: Concerns, Context, and a call to Countermand – By Hassan Arab, John Gaffney & Malak Nasreddine

- Mediation as a Mechanism for Resolving Disputes in Egypt with a Focus on Investment Disputes – By Houssam Mohamad Gamaleddine

- Arbitral Bias and MENA Disputes in London – By Michael Black


ARBITRATION–RELATED DECISIONS ISSUED BY STATE COURTS IN ARAB JURISDICTIONS

Egyptian Case Law

- Cairo Court of Appeal – Seventh Commercial District – Commercial Cases No. 46 and 47 – 7 December 2015¾Arbitral Award – Challenge of the Award – Judge of Appeal Does Not Control the Application by the Arbitral Tribunal of the Applicable Law or its Understanding of the Facts – Judiciary’s Control Limited to Scrutinizing of the Causes of Nullity and Violations of the Award as Invoked by the Appellant – Superficial Control over the Legal and Factual Elements of the Case – Arbitration Clause Requiring the Exhaustion of Other Means Prior to Resorting to Arbitration – The Two Claimant Companies Allegedly did not Comply with this Requirement – The Arbitral Tribunal Has the Power to Interpret or Implement the Arbitration Clause as per the Common Will of its Parties – The Judge Examining the Action for Annulment is Prevented From Rectifying the Interpretation or Assessing the Factual Deductions Made by the Arbitral Tribunal as Long as the Substantiation it Provided is Clear and not Absurd – The Arbitral Tribunal Rightly Decided the Absence of any Impediment to its Competence in Examining the Arbitration Case – Appeal Dismissed

Iraqi Case Law

- Federal Court of Cassation – Civil Case No.730 – 2November 2015¾ Procurement Contract – Arbitration Clause – Respondent’s Failure to Participate to the Proceedings – Arbitral Award – Challenge of the Award before the Federal Court of Cassation – Respondent Duly Notified of the Arbitration Proceedings – Respondent’s Unjustified Failure to Participate in the Arbitration – Arbitral Award Duly Rendered – Challenge Dismissed

Jordanian Case Law

- Court of Cassation – Case No. 2927/2015– 2 February 2016¾Arbitral Award – Request for the Setting Aside of the Award Before the Court of Appeals – Alleged Invalidity of the Arbitration Clause Based on the Nullity of the Underlying Contract – Request Dismissed – Challenge of the Appeal Decision Before the Court of Cassation – Independence of the Arbitration Clause from the Underlying Contract – Validity of the Arbitration Clause – Challenge Dismissed

Lebanese Case Law

- Civil Court of Appeal – First Chamber – Case No. 290/2016 – 8 March 2016¾International Arbitral Award Issued in the State of Qatar – Enforceability of a Judgment Granted by the Beirut Court of First Instance – Alleged Lack of Confirmation of the Arbitration Agreement from the Competent Authority in Qatar or in Lebanon – Article 817 of the Code of Civil Procedure Authorizing the Appeal of the Judgment Giving Enforceability to an International or Foreign Arbitral Award – Appeal Made Against the Nomination of an Arbitrator Filed with the Court of Appeal in Qatar – Qatar’s Court of Appeal Rejected the Appeal – Conclusion of an Arbitration Agreement after the Issuance of the Judgment of Appeal – Alleged Pressure by the Judgment of Appeal on the Conclusion of an Arbitration Agreement – Signing an Arbitration Agreement as a Sign of Acceptance of the Judicial Judgments by the Parties – Rejection of the Argument that the Signature was Made under Duress – Valid Nomination of the Arbitrator – Validity of the Nomination of the Arbitrator in the Arbitration Agreement – Appeal Dismissed

Qatari Case Law

- Court of First Instance in Doha – Fourth District - petition No. 3856/2013 – 29 December 2013¾Subcontract – Contractor’s Recourse to the Emergency Judge to Withdraw the Advance Payment and Performance Bonds – Request Granted – Subcontractor’s Recourse to the Court of First Instance to Annul the Emergency Judgment – Alleged Existence of an Arbitration Clause – Arbitration Clause Does not Compromise the Jurisdiction of the Emergency Judge – Request Dismissed. Commentary by Minas Khatchadourian

Sudanese Case Law

- National Supreme Court – Civil Division – Case No. 592/2015 – 6January 2016¾Arbitral Award – Action to Set Aside the Award – Appealed Judgment Dismissing the Appeal Based on Article 41 of the 2005 Arbitration Act – Competent Court Cannot Decide on the Validity of an Arbitral Award by Way of Revision or Reconsideration – Article 41 is an Explicit Violation of Article 35 of the Constitution – The Right to a Court Hearing Shall be Guaranteedtoall Persons – The Constitution Compels the Legislative Authority to Revise or Revoke any Text Violating the Constitution – The Constitution Prevents the Courts From Complying with any Law after the Issuance of the Constitution of 2005 Denying the Right of any Person to Resort to Justice – No Need to Review the Grounds of the Appeal to Revoke the Appealed Judgment – Challenge Accepted. Commentary byIbrahim Mohammad Ahmad Dreij

Syrian Case Law

- First Civil Court of Appeals in Damascus – Decision No. 3/arbitration – 13 January 2016¾Arbitral Award – Notification by Way of Printed Press – Request for an Order of Enforcement before the Court of Appeals – Rejection – Award Unduly Notified to the Unsuccessful Party – Contravention to Law No. 58/2008 on Notification of Awards

UAE Case Law

No.1– Dubai Court of Cassation – Appeal No. 693/2015 – 10 April 2016¾Arbitral Award – Request for Enforcement Order Before the Dubai Court of Appeals – Request Granted – Challenge Before the Court of Cassation – Alleged Invalidity of the Arbitration Clause for Being Signed by the Company Representative – Capacity to Enter into Agreements Being Subject to the Law of Each Party Under the New York Convention – No Evidence that the Representative was Incapable Under the Law of the Company that he Is Representing – Challenge Dismissed. Commentary by Hassan Arab

No. 2– Dubai Court of Cassation – Appeal No. 547/2014 – 21 October 2015¾International Arbitral Award – Defendant Challenged the Jurisdiction of the Arbitral Tribunal to Hear the Dispute – Alleged Invalidity of the Arbitration Clause – Signature by the Director of a Limited Liability Company – Director’s Full Authority to Manage the Company and to Engage in Activities on its Behalf if the Incorporating Contract Does not Specify Otherwise – Presence of the Name of the Company at the Center or in the Introduction of the Contract – Signature of a Third Non-Representative Person in the End of the Contract – Signatory Person Executed the Contract on Behalf of the Company – Legal Presumption that the Person who Signed Did so in the Name of and on Behalf of the Company – There are no Grounds for the Appellant’s Submission Based on the Difference between the Signature in the Agreement and the Sample of the Company Director’s Signature on the Date the Agreement was Concluded – The Appellant did not Invoke a Forged Signature – The Tribunal Is not to Guide the Parties in the Way they Exercise their Rights of Defense – The Challenge of the Appealed Judgment is Unfounded – Challenge 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


TEXTS/LAWS/REPORTS/DOCUMENTS

- Unified Agreement for the Investment of Arab Capital in the Arab States of 1980 as Amended on 16 September 2013

- Article 257 of the UAE Penal Code

 
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