Arbitration Law and Practice in the Middle East
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Recent years have seen significant developments in arbitration legislation, law and practice across the Middle East, particularly in countries in the Gulf region. There has been an increase in trust in the region’s ability to deliver valuable arbitration services. From the modernisation of arbitration legislation to the decreasing intervention of local courts, arbitration in the Middle East will continue to grow and develop.
Arbitration Law and Practice in the Middle East provides a practical and insightful country-by-country analysis of how arbitration is conducted in 12 Middle Eastern countries, including essential information about legislative provisions, treaty adherence, and arbitral procedure. Experts in the field deliver detailed commentary on the history and infrastructure of arbitration for their jurisdiction, as well as an analysis of the current law and practice covering key issues in arbitration. Together with their discussion of significant cases and an appendix of the relevant national legislation the reports are authoritative, but accessible, up-to-date and comprehensive. It is a must for practitioners and scholars alike and every party wishing to gain a solid footing in Middle Eastern arbitration.
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Azerbaijan
Sona Taghiyeva and Kamil Valiyev
Egypt
Mohamed Abdel Raouf
Iran
Jamal Seifi and Shahbiz Shafe
Iraq
Noor Kadhim and Leonardo Carpentieri
Israel
Daphna Kapeliuk
Jordan
Hamza Ahmad Haddad and Majdi H. Haddad
Kyrgyzstan
Nurzhan Albanov and Aizhan Albanova
Oman (Sultanate of)
Abdullah M. Alsaidi
Pakistan
Rizwan Hussain
Saudi Arabia
Torki A. Alshubaiki
Turkey
Ali Yeşilırmak
United Arab Emirates
Khadija S. Ali and Andrew Massey
APPENDICES
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AZERBAIJAN
Law of the Azerbaijan Republic on International Arbitration
EGYPT
Law No. 27/1994 Promulgating the Law Concerning Arbitration in Civil and Commercial Matters
IRAQ
Iraqi Civil Code No. 40 of 1951 (the Civil Code)
Iraqi Code of Civil Procedure No. 83 of 1969 (the CCP)
Civil Evidence Law No. 107 of Year 1979
Law No 13 of 2006 (The Investment Law of Iraq)
Law No. 4 of 2006 (Kurdistan Regional Investment Law)
ISRAEL
Israel Arbitration Act 1968
JORDAN
Jordan Arbitration Law (Law No. 31 of 2001)
KYRGYZSTAN
The Law “On Arbitration Courts in the Kyrgyz Republic” dated 30 July 2002 No. 135
SAUDI ARABIA
Arbitration Regulations of Saudi Arabia
Rules of the Implementation of the Saudi Arabian Arbitration Regulation
TURKEY
International Arbitration Law 2001
UNITED ARAB EMIRATES
Civil Procedure Code, Federal Law No. (11) of 1992
UAE joining the Convention of New York
About the Editors:
Professor Loukas Mistelis, LLB, MLE, FCIArb, is an acknowledged authority on international dispute resolution and investment treaty law. In 2006 he was listed as one of the “leading lights in international arbitration”, 45 under 45, amongst the top 15 highlighted members of the list, is listed on the Who’s Who Commercial Arbitration since 2007 and also a member of the ICSID Panel of Arbitrators as well as the recipient of the GAR Award for best arbitration lecture of 2013. He is also listed as one of the Thought Leaders in International Arbitration.
Loukas Mistelis is the Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration and the Director of the School of International Arbitration at the Centre for Commercial Law Studies, Queen Mary University of London. He joined Queen Mary University of London in 1998 and became a professor in 2005. He was also Visiting Professor, NYU in London (2006-2012), a Visiting Professor at Pepperdine University London program (2008-2011); he is Distinguished Visiting Professor, National University of Singapore (2013); he was Visiting Scholar at Columbia University Law School (spring semester 2007), Visiting Fellow at NYU Law School (2012), Visiting Professor at Keio University, Tokyo (2008), LUISS, Rome (2009) and Catholic University of Portugal, Lisbon (2007, 2009).
He is coordinating the LLM specialisation in Comparative and International Dispute Resolution. He teaches at the LLM programs in London and Paris and is the coordinator of the courses in International Arbitration Law and Practice II, Investment Treaty Arbitration and Investment Arbitration: Substantive Protection and also teaches on the International Commercial Law and International Energy Transactions courses. In Paris Loukas Mistelis teaches International Investment Dispute Settlement, Regulation and Infrastructure of International Arbitration and Applicable Law and Procedures in International Arbitration. Loukas Mistelis has also developed directs our Diploma in International Arbitration by Distance Learning, the Diploma in International Mediation (ADR) by Distance Learning and the Diploma in International Arbitration, which is offered by CCLS with accreditation from the Chartered Institute of Arbitrators.
Professor Mistelis was the Secretary of the CISG-AC (Advisory Council of the Convention on Contract for the International Sale of Goods) from 2001 to the end of 2007. He is a member of the Academic Committee of the Institute of Transnational Arbitration, an academic member of the Investment Treaty Forum, British Institute of International and Comparative Law and a member of the Advisory Board of the EFILA (European Federation of Investment Law and Arbitration) and a member of the Academic Committee of AIPN, Chair of Academic Committee of the Civil Mediation Council and President of the Court of CEDRAC (Cyprus Eurasia Dispute Resolution & Arbitration Centre).
Professor Mistelis was educated in Greece (LLB Hons Athens 1991); France (Certificate in International & Comparative Human Rights, IIHR, Strasbourg, 1990); Germany (MLE, 1992, Law School, Hanover, Germany, 1998); and Japan (Certificate in Japanese international trade law, Law School, Keio University, Tokyo, 1998). He has been a member of the Athens Bar since 1993. He is fluent in English, German and Greek, and has good knowledge of French, and basic knowledge of Polish, Russian and Spanish. Member of Chartered Institute of Arbitrators (CIArb) since 2001, became Fellow of the CIArb (FCIArb) in December 2016.
Laurence Shore became a Partner at BonelliErede in September 2017 and is the Co-head of the firm’s international arbitration practice group. He is resident in the Milan office. Previously, Laurence practiced law in New York and London, where he was a partner at Herbert Smith (1999-2008, 2013-2017) and Gibson Dunn (2008-2013). Laurence has been the lead advocate in a large number of arbitration cases under, for example, the ICC, LCIA, ICDR, AAA, UNCITRAL, Cairo Regional Centre, and Swiss Rules. Laurence also has been called as an arbitrator on more than 25, ICC, ICDR and other arbitrations.
He has experience serving as co-arbitrator, tribunal chair and sole arbitrator in the following arbitral seats: New York, Connecticut, London, Geneva, Paris, The Hague, Montreal, Cairo, Tel Aviv and Cyprus. In addition to his work as an arbitration practitioner, Laurence has tried cases in the United States courts and in England’s High Court. His publications include “You Can Bet the Company but Not the State: The Proper and Improper Conduct of Sovereigns in Arbitration,” World Arbitration and Mediation Review (2009 Vol. 3, Nos. 4-5); “Arbitration, Rhetoric, Proof: The Unity of International Arbitration across Cultures,” in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2009), Ed. A.W. Rovine (Martinus Nijhoff Publishers, 2010).
About the Editors:
Professor Loukas Mistelis, LLB, MLE, FCIArb, is an acknowledged authority on international dispute resolution and investment treaty law. In 2006 he was listed as one of the “leading lights in international arbitration”, 45 under 45, amongst the top 15 highlighted members of the list, is listed on the Who’s Who Commercial Arbitration since 2007 and also a member of the ICSID Panel of Arbitrators as well as the recipient of the GAR Award for best arbitration lecture of 2013. He is also listed as one of the Thought Leaders in International Arbitration.
Loukas Mistelis is the Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration and the Director of the School of International Arbitration at the Centre for Commercial Law Studies, Queen Mary University of London. He joined Queen Mary University of London in 1998 and became a professor in 2005. He was also Visiting Professor, NYU in London (2006-2012), a Visiting Professor at Pepperdine University London program (2008-2011); he is Distinguished Visiting Professor, National University of Singapore (2013); he was Visiting Scholar at Columbia University Law School (spring semester 2007), Visiting Fellow at NYU Law School (2012), Visiting Professor at Keio University, Tokyo (2008), LUISS, Rome (2009) and Catholic University of Portugal, Lisbon (2007, 2009).
He is coordinating the LLM specialisation in Comparative and International Dispute Resolution. He teaches at the LLM programs in London and Paris and is the coordinator of the courses in International Arbitration Law and Practice II, Investment Treaty Arbitration and Investment Arbitration: Substantive Protection and also teaches on the International Commercial Law and International Energy Transactions courses. In Paris Loukas Mistelis teaches International Investment Dispute Settlement, Regulation and Infrastructure of International Arbitration and Applicable Law and Procedures in International Arbitration. Loukas Mistelis has also developed directs our Diploma in International Arbitration by Distance Learning, the Diploma in International Mediation (ADR) by Distance Learning and the Diploma in International Arbitration, which is offered by CCLS with accreditation from the Chartered Institute of Arbitrators.
Professor Mistelis was the Secretary of the CISG-AC (Advisory Council of the Convention on Contract for the International Sale of Goods) from 2001 to the end of 2007. He is a member of the Academic Committee of the Institute of Transnational Arbitration, an academic member of the Investment Treaty Forum, British Institute of International and Comparative Law and a member of the Advisory Board of the EFILA (European Federation of Investment Law and Arbitration) and a member of the Academic Committee of AIPN, Chair of Academic Committee of the Civil Mediation Council and President of the Court of CEDRAC (Cyprus Eurasia Dispute Resolution & Arbitration Centre).
Professor Mistelis was educated in Greece (LLB Hons Athens 1991); France (Certificate in International & Comparative Human Rights, IIHR, Strasbourg, 1990); Germany (MLE, 1992, Law School, Hanover, Germany, 1998); and Japan (Certificate in Japanese international trade law, Law School, Keio University, Tokyo, 1998). He has been a member of the Athens Bar since 1993. He is fluent in English, German and Greek, and has good knowledge of French, and basic knowledge of Polish, Russian and Spanish. Member of Chartered Institute of Arbitrators (CIArb) since 2001, became Fellow of the CIArb (FCIArb) in December 2016.
Laurence Shore became a Partner at BonelliErede in September 2017 and is the Co-head of the firm’s international arbitration practice group. He is resident in the Milan office. Previously, Laurence practiced law in New York and London, where he was a partner at Herbert Smith (1999-2008, 2013-2017) and Gibson Dunn (2008-2013). Laurence has been the lead advocate in a large number of arbitration cases under, for example, the ICC, LCIA, ICDR, AAA, UNCITRAL, Cairo Regional Centre, and Swiss Rules. Laurence also has been called as an arbitrator on more than 25, ICC, ICDR and other arbitrations.
He has experience serving as co-arbitrator, tribunal chair and sole arbitrator in the following arbitral seats: New York, Connecticut, London, Geneva, Paris, The Hague, Montreal, Cairo, Tel Aviv and Cyprus. In addition to his work as an arbitration practitioner, Laurence has tried cases in the United States courts and in England’s High Court. His publications include “You Can Bet the Company but Not the State: The Proper and Improper Conduct of Sovereigns in Arbitration,” World Arbitration and Mediation Review (2009 Vol. 3, Nos. 4-5); “Arbitration, Rhetoric, Proof: The Unity of International Arbitration across Cultures,” in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2009), Ed. A.W. Rovine (Martinus Nijhoff Publishers, 2010).
Available Digitally with immediate PDF Download
Azerbaijan
Sona Taghiyeva and Kamil Valiyev
Egypt
Mohamed Abdel Raouf
Iran
Jamal Seifi and Shahbiz Shafe
Iraq
Noor Kadhim and Leonardo Carpentieri
Israel
Daphna Kapeliuk
Jordan
Hamza Ahmad Haddad and Majdi H. Haddad
Kyrgyzstan
Nurzhan Albanov and Aizhan Albanova
Oman (Sultanate of)
Abdullah M. Alsaidi
Pakistan
Rizwan Hussain
Saudi Arabia
Torki A. Alshubaiki
Turkey
Ali Yeşilırmak
United Arab Emirates
Khadija S. Ali and Andrew Massey
APPENDICES
**IN ORDER TO DOWNLOAD THE APPENDICES, PLEASE CREATE A FREE ACCOUNT. ADD ANY OR ALL OF THE PDFS TO YOUR CART AND CHECKOUT.
NO CREDIT CARD INFORMATION WILL BE REQUIRED AT CHECKOUT AND THERE IS NO COST TO DOWNLOAD THEM**
AZERBAIJAN
Law of the Azerbaijan Republic on International Arbitration
EGYPT
Law No. 27/1994 Promulgating the Law Concerning Arbitration in Civil and Commercial Matters
IRAQ
Iraqi Civil Code No. 40 of 1951 (the Civil Code)
Iraqi Code of Civil Procedure No. 83 of 1969 (the CCP)
Civil Evidence Law No. 107 of Year 1979
Law No 13 of 2006 (The Investment Law of Iraq)
Law No. 4 of 2006 (Kurdistan Regional Investment Law)
ISRAEL
Israel Arbitration Act 1968
JORDAN
Jordan Arbitration Law (Law No. 31 of 2001)
KYRGYZSTAN
The Law “On Arbitration Courts in the Kyrgyz Republic” dated 30 July 2002 No. 135
SAUDI ARABIA
Arbitration Regulations of Saudi Arabia
Rules of the Implementation of the Saudi Arabian Arbitration Regulation
TURKEY
International Arbitration Law 2001
UNITED ARAB EMIRATES
Civil Procedure Code, Federal Law No. (11) of 1992
UAE joining the Convention of New York