In the second half of the twentieth century, alongside the evolution of the global economy, modern technology, rapid transportation and multinational enterprises, there was an increased demand for a dispute resolution mechanism that met the needs of traders, international trade and economic policy-makers. Arbitration as an alternative dispute resolution has significantly gained in popularity in the Arab Gulf States over the past two decades or so. This is no doubt reason enough to take a closer look at the main theme that defines arbitration in this region. National courts of the Arab Gulf states are invariably seen as not very arbitration friendly, some possibly even hostile to arbitration. Public order, alongside the Islamic legal traditions, is seen as unruly horse that could possibly undermine the development of international commercial arbitration in this region. The contribution in this book will go some way toward dissipating the concerns that are routinely raised about the procedural and practical soundness of arbitration in the Arab Gulf states. In addition, the book serves to place arbitration in the Arab Gulf states in its present legal systems, national laws and courts practices.

The Guide on the New York Convention provides an insight on the application of the Convention by State courts.

The 1958 New York Convention has been called the most effective instance of international legislation in the entire history of commercial law. However, the succinct text of the Convention leaves open a host of significant and complex questions, which may be, and have been, answered in a variety of ways; as difficult cases arise and demand solutions, they generate inconsistent outcomes. For all its remarkable success, the Convention has on occasion proved itself to be unreliable and unpredictable. This book simultaneously exposes the difficulties of the Convention and explores potential solutions. It examines each substantive article of the New York Convention in accordance with the following outline: • the text and its issues; • original intent; • the prism of the rules of interpretation of the Vienna Convention; • judicial outcomes; and • appraisal. By drawing on the Convention's drafting history in great detail, the book presents a coherent account of how the most frequently recurring interrogations about the text are reflected (or not) in judicial practice. The author studied more than 1,700 decisions rendered under the Convention since its inception in 1958 in order to provide a succinct selection of landmark cases per article. With its intense investigation of the complex reality underlying contracting States' commitment in principle and judicial application in fact, the author's judicial understanding of the Convention provides a clear conceptual framework that will help avoid outcomes at odds with the purposes of this important instrument. Lawyers and judges will rely on this book not only to situate the Convention in the national legal orders where it is intended to produce its effects, but also discover practical ways to respond to distinct questions of application.

The Practitioner's Guide to Arbitration in the Middle East and North Africa is the culmination of the real experience and expertise from those experts and authorities directly involved with arbitration in their respective countries. The book is the first of its kind to target the Mena region specifically and is essential for anyone working in the area of arbitration both in the Middle East and world-wide. The practice of arbitration of private disputes is not new to MENA countries. Arbitration has long been recognized as a legitimate and culturally accepted practice of dispute resolution, dating back to dispute resolution practices of the early Islamic period, and even the pre-Islamic era. International commercial arbitration, and its cultural and juridical acceptance, is a more recent and complex phenomenon nonetheless on the rise in MENA countries. It is now standard for arbitration clauses to be included in contracts governing international transactions and there is a growing consensus among MENA merchants engaged in international trade, along with their commercial counterparts in the rest of the world, that international arbitration is preferable to litigation in domestic courts for purposes of resolving private commercial disputes. While subject to some qualifications and restrictions in some instances, in many, if not most, MENA countries, arbitration clauses can be included in contracts with government entities engaging in commercial transactions. Additionally, conferences, seminars, and training programs in international arbitration are on the rise, and various international arbitration centres have been established. The advantages from the perspective of private parties are tremendous: Parties can elect which law will apply to disputes arising from their transactions, and they can remove themselves from the constraints and biases of parochial attitudes in national courts. There is also an increasing acceptance by national courts of international arbitration standards, such as the principle of Kompetenz-Kompetenz, recognising the right of arbitrators to decide their own jurisdiction and the separability of the arbitration clause. More frequently, courts are granting assistance and support to international arbitrations and are more receptive to enforcing foreign awards. This book is a comprehensive guide to arbitration in Algeria, Bahrain, Egypt, Iran, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Sudan, Syria, Tunisia, UAE, and Yemen. Written in question/answer format by leading practicioners and firms from the region, it elicits the most salient features of the legal framework for arbitration and international arbitration in each of the respective countries.

FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC need to be supplemented by Particular Conditions that specify the specific requirements of that project. FIDIC Contracts in Africa and the Middle East: A Practical Guide to Application provides readers with detailed guidance and resources for the preparation of the Particular Conditions that will comply with the requirements of the laws that apply to the site where the work is carried out, and for the governing law of the contract, for a number of the jurisdictions in which FIDIC contracts are or can be used. This book closely follows the format of The International Application of FIDIC Contracts. Each jurisdiction features an outline of its construction industry and information on the impact of COVID-19 on both the execution and operation of construction contracts. This book is essential reading for construction professionals, lawyers and students of construction law.

This book provides an innovative outlook of the various challenges of international law in the Asian region. Moving away from the Eurocentrism prevalent in the literature on the subject, it provides a comprehensive Asian perspective without adopting a monolithic or homogeneous Asian approach. Although Asian countries converge on certain issues related to international law, such as engagement with the United Nations, at times, there is a significant divergence, such as in the case of agricultural trade liberalisation. Given the vastness of the region and the differing political systems, there are many discrepancies to consider. The book takes into account the viewpoint of civil society so as to avoid a vertical state‐centred approach. Offering an easy-to-understand presentation of key issues concerning the region, this book is a useful introduction to this complex topic for students, academics and practitioners of international law.

Worldwide interest in the recognition and enforcement of arbitral awards has never been higher, and the New York Convention of 1958, currently adhered to by 159 States including the major trading nations, remains the most successful treaty in this area of commercial law. This incomparable book, marking the Convention’s 60th anniversary, provides a fully updated analysis of the Convention’s application from international, comparative, and national perspectives. Drawing on a global conference held in Seville in April 2018 that was actively supported by UNCITRAL, the book’s 27 chapters, by highly qualified international practitioners and academics from different jurisdictions, address the subject with critical eyes, well aware of current developments and future challenges in the field of arbitration. Among the issues and topics covered are the following: Multi-tiered dispute resolution clauses. Applicability of the UN Convention on the Use of Electronic Communications in International Contracts. Complexities of enforcing orders determined by software. Enforcement of annulled awards. European Union law and the New York Convention. Enforcing awards against States and State entities. Sovereign immunity as a ground to refuse compliance with investor-State awards; Enforcement against non-signatories. Public policy exception. Arbitrating and enforcing foreign awards in specific countries and regions, including China, sub-Saharan Africa, and the ASEAN countries. Ample reference is made throughout to leading cases and practice. Familiarity with the intricacies of the New York Convention, as the most universally acknowledged framework in which cross-border economic exchanges can flourish, is essential for judges, practitioners, legal staff, business people, and scholars working with or applying international commercial arbitration anywhere in the world. This book’s combination of highly thought-provoking topics and the depth with which they are addressed will prove invaluable to all interested parties