International Journal of Arab Arbitration

Volume 10 - No. (1) 2018

Table of Contents

ARTICLES

 

- Commentary on the Saudi Royal Decree No. M/34 – by Wissam Hachem

- Analytical Perspectives on the New Egyptian Investment Law – by Hossam Gamaleldin

- The Good, the (Not) bad and the Uncertain: The Impact of the UAE's new Federal Arbitration Law – by Bill Smith and Maria Mazzawi

ARBITRATION–RELATED DECISIONS ISSUED BY STATE COURTS IN ARAB JURISDICTIONS

 

Algerian Case law

–Supreme Court – Case No. 0914221 – 7 November 2013 ¬– Challenge of Decision of an Appeal – Appealed Decision Setting Aside the Arbitral Award – Annulment Based on Violation of Article 1006 of the Code of Civil and Administrative Procedure – Public Entities May not File for Arbitration – Party to the Arbitration is a Joint Stock Company Not a Public Company – Commercial Nature of the Company – Commercial Companies May be Party to Arbitration – Article 1006 is not Applicable – Appealed Decision Overturned

Bahraini case law

–Bahraini Court of Cassation – Challenge No. 2015/316 – 12 June 2017 – Challenge of the Judgment Invalidating the Arbitral Award – Alleged Violation of Article 239 of the Code of procedure – Obligation to Include a Copy of the Arbitration Agreement in Arbitral Award – Annulment of the Judgment Invalidating the Arbitral Award – Purpose of the Article Achieved in the Arbitral Award Itself – Award Rendered Within the Limits of the Subject Matter of the Arbitration Clause – Within the Limits of the Powers of the Arbitral Tribunal

Egyptian case law

No. 1 –Cairo Court of Appeal – Commercial Circuit 62 – Challenge No. 77 of 132 Judicial Year – 4 January 2016 – International Arbitration – Challenge of the Arbitral Award – Court Stating its Lack of International Jurisdiction to Hear the Dispute – Application of Article 9 of the Arbitration Act No. 27 of 1994 – Arbitral Award Rendered in London – Annulment Subject to English Law – Parties Did not Agree to Subject it to Egyptian Law

No. 2 –President of the Cairo Court of Appeal – Commercial Circuit 8 – Appeal No. 22 of the  Year 129 BC – 18 January 2015 – Appeal of the Enforcement Judgment of the Arbitral Award – Alleged Violation of Partiality and Independence of the Arbitrator – Alleged Violation of Public Policy – Rejection of the Appeal – Invalidity of the Grounds of Appeal – Application of  the Egyptian Arbitration Act – No Restrictions to Appoint Relatives as Arbitrators – Grounds Already Invoked and Rejected – Res Judicata

Lebanese case law

No. 1 –President of the First Chamber of Beirut – Decision No. 68/29 – 19 June 2017 – Domestic Arbitration – Request by the Claimant for the Appointment of an Arbitrator – Respondent’s Allegation of Invalidity of the Arbitration Clause on the Basis of Article 763 of the Code of Civil Procedure – Arbitration Clause Must Contain the Name and Profession of the Arbitrators or the Modalities of their Appointment – Appointment of an Arbitrator by the Court – Respondent Already Invoked the Arbitration Clause before the National Courts – Violation of Good Faith by Respondent – Violation of the Estoppel Principle – Illegality of Respondent’s Allegations

No. 2 –First Chamber of Beirut – Decision No. 34/31 – 3 July 2017 – Request for Stay of Civil Proceedings by Respondent – Pending the Issuance of a Judgment before the Criminal Court – Request for Stay Based on Article 199 of the Code of Civil Procedure – Respondent Alleged Criminal Falsification and Use of Falsified Documents – Respondent Alleged Lack of Capacity of the Limited Liability Company to Request the Annulment of the Arbitration Clause – Claimant Alleging that Subject Matter of the Case is the Arbitration Clause – No Need for a Stay of Civil Proceedings – Court Considered Signature of the Contract Subject Matter of the Civil Case on the Basis of the Allegedly Falsified Documents – Court Decision to Suspend the Proceedings – Until a Final and Binding Judgment by the Criminal Court

Sudanese case law

 –Supreme Court – Civil Circuit – Case No. 117/2011 – 28 February 2011 – Challenge of Court of Appeal’s Judgment – Appeal Judgment Dismissing the Case Based on the Existence of an Arbitration Clause – Defendant in the Challenge Alleging the Arbitration Clause Independence vis a vis the Contract – Supreme Court Confirming Dismissal of the Case – Dissolution or Termination of the Contract Not Affecting the Arbitration Clause – Defendant in the Challenge Raising the Arbitration Clause in the First Hearing and the Submission of the Response – Appealed Judgment Valid

Syrian case law

–First Court of Appeal of Damascus – Arbitration Case No. 80 – 28 September 2016 – Enforceable Title Request Based on an Arbitral Award – Respondent Did not Raise any Arguments Invalidating the Arbitral Award – Appointment of the Chairman is the Sole Right of the Arbitrators and not the Parties’ as Long as the Arbitrators Agree on the Appointment – The Approval by the Supreme Judicial Council of the Appointment of an Arbitrator is an Administrative Procedure – Procedure Not Questioning the Validity of the Arbitration – The Arbitrators Shall not be Asked About the Evidence Relied Upon for Rendering the Award – Enforceable Title Attached to the Arbitral Award Granted

UAE case law

No. 1 –Dubai Court of Cassation – Commercial Appeal – No. 2015/613 – 18 September 2016 – International Arbitration – Challenge of the Judgment Recognizing the Arbitral Award – Alleged Violation of the Law and Alleged Misapplication – Purported Corruption – Signature of the Arbitration Agreement by a Person with no Legal Capacity – Application of Article V of the New-York Convention – Party Requesting the Refusal of the Recognition of the Arbitral Award Must Prove the Incapacity of the Signatory of the Arbitration Agreement – Such Evidence Established by the Moving Party – Refusal of the Recognition of the Arbitral Award – Challenged Judgement Reversed

No. 2 –Dubai Courts – Case No. 411/2015 – Real Estate – 22 June 2016 – Challenge of the Arbitral Award – Signatory of the Contract Allegedly not the Director of the Company – No Capacity to Agree on Arbitration – Alleged Invalidity of the Arbitral Award – Arbitral Agreement Not-Included in the Arbitral Award – Non-Inclusion in the Arbitral Award of the Parties’ Requests for Relief – In Accordance with Article 215 of the Code of Civil Procedure – Director of the Company May Delegate Others to Sign – Article 212 of the Code of Civil Procedure – Evidence of the Content and Compliance with the Scope of the Arbitration Agreement in the Arbitral Award is Sufficient – Validation of the Arbitral Award by the Court


ARBITRAL AWARDS RENDERED UNDER THE AUSPICES OF ARBITRAL INSTITUTIONS

–ICSID Case No. ARB/11/33 – Award – 27 October 2015 – Adel A Hamadi Al Tamimi v Sultanate of Oman – ICSID Arbitral Award – United States National Brought Claims Against the Sultanate of Oman – Under the Agreement Between the Government of the United States of America and the Government of the Sultanate of Oman on the Establishment of a Free Trade Area – Claimant Invoked Expropriation – Alleged Violation of National Treatment Standard – Arbitral Tribunal Dismissed All Claims – Actions not Attributable to Respondent – Lack of Evidence of Expropriatory Effect – Lack of Evidence of Bad Faith Treatment. Commentary by Gordon Blanke

ARBITRATION NEWS 
I. New and Recent Laws and Rules

II. New and Recent Arbitration Cases

III. Conferences, Seminars and Trainings

IV. Books, Articles and Other Publications

V. Miscellaneous News about Lawyers, Law Firms and Other Institution

TEXTS/LAWS/REPORTS/DOCUMENTS

–UAE Federal Law No.6 of 2018 on Arbitration


 
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