Practitioner's Guide to Arbitration in the Middle East and North Africa

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Essam Al Tamimi
Juris Publishing, Inc., Sep 1, 2009 - Law - 542 pages
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.
 

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Contents

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About the author (2009)

 

Essam Al Tamimi is a national of the United Arab Emirates and has been practicing commercial law and related litigation in the UAE and other GCC countries for the last 20 years and has extensive experience in advising on GCC laws. He has particular experience in corporate legal structures, commercial banking, marine insurance and arbitration. He has published extensively and is a member of the International Bar Association, former co-chair of the Arab Regional Commercial Law sub-section, is on the editorial board of the Arab Law Quarterly and the Arab Regional Forum. A national of the United Arab Emirates, Mr. Al Tamimi graduated from Al Ain Law School with an LL.B. in 1983. He holds an LL.M. degree from the Harvard Law School in the United States of America, and is licensed as an advocate to practice in the United Arab Emirates.

Mr. Al Tamimi has acted as an arbitrator representing clients in trial proceedings mainly involving foreign arbitration. He is acquainted with the UAE Chamber of Commerce arbitration process and UAE arbitration proceedings at the UNCITRAL and ICC. As the founder and Senior Partner of Al Tamimi & Company, Mr. Al Tamimi has spearheaded all aspects of the firm’s operation. As a leader in the community and the legal profession locally, he has an excellent command of both the needs of the firm’s clients and the intricacies of the law applicable to each specialty area. His large diversified client base includes individuals, and local and multinational corporations.

About the Contributors:
Sheikh Tariq Abdullah, Law Offices of Sheikh Tariq Abdullah
Mohammed Al Noor, Al-Twaijri and Partners Law Firm (TLF)
Said Al Shahry, Said Al Shahry Law Office (SASLO)
Haytham Al Zubi, Al Zubi Law Office
Ahmad Anani, Advocate Mohammed Al Marri
Salah Deeb, Al Tamimi & Company
Amine Ghellal, Ghellal & Mekerba
Hossam Tawfik Hafez, Denton Wilde Sapte Egypt LLC
Amin Hajji, Hajji & Associés Law Firm
El Tayeb Hassabelrasoul, Aztan Legal Consultancy
Stephen Hibbert, Said Al Shahry Law Office (SASLO)
Fadi Kardous, Kardous Law Office
Nadia Merhi, Denton Wilde Sapte Egypt LLC
Habib Malouche, Malouche Law Firm
Omar N. Nabulsi, Nabulsi & Associates
Mostafa Nagy, El-Dib Advocates Law Firm
Ibrahim Najjar, Ibrahim Najjar Law Firm
Hassan Radhi, Hassan Radhi & Associates
Marwa Saleh, Denton Wilde Sapte Egypt LLC
Jamal Seifi, Dr. Jamal Sefi & Associates
Emma van Son, Al Tamimi & Company

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