Title Page and TOC

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 and Zlatan Meškić

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 Contributors:

Nurzhan Albanov is Director of Legal Affairs at the University of Central Asia, an international educational organization established by an international treaty signed between Tajikistan, Kyrgyzstan, Kazakhstan and the Ismaili Imamat in August 2000, ratified by their respective parliaments and registered with the United Nations. He is also a Ph.D. candidate at the Kyrgyz National Academy of Sciences. As a professional lawyer with around 15 years of international experience and background, Nurzhan Albanov is currently responsible for provision of leadership and management to the Legal Affairs function across UCA in Kyrgyzstan, Tajikistan and Kazakhstan. He is comfortable to handle complex legal issues arising from different fields of law and periodically deals with transnational projects involving Kazakhstan, Kyrgyzstan, and other countries. Nurzhan has substantial experience on legal due diligence investigations of companies from various industries and high premium on providing preemptive legal support in Russian or English.

Aizhan Albanova holds a LL.M. from American University in Washington and is Legal Counsel at KOC.

Khadija S. Ali is a Barrister of Counsel for Leadership. Khadija practices civil and commercial law, and in particular international commercial litigation and arbitration. From her time practising at chambers in London she has a background in employment, family, public and international law. Khadija is an experienced trial advocate and has a good understanding of cases with a foreign element and those involving an interplay with different areas of law. She is a fervent advocate of women’s rights. Previously, Khadija practised at a law firm in the United Arab Emirates where she handled a broad range of litigation and dispute resolution matters. She regularly advised and represented clients in arbitration proceedings and before the Courts of the Dubai International Financial Centre (the “DIFC Courts). Khadija also sat on a committee of the DIFC Courts and assisted in drafting the Courts’ rules relating to cost orders. She received an Honourable Mention at the DIFC Courts’ first Access to Justice Awards in October 2012, for her dedication and commitment to the Court’s Pro Bono Programme. Khadija is a regular contributor to dispute resolution publications in the region and is also a member of the editorial board of the Arab Law Quarterly. Khadija is a Legal 500 EMEA recommended dispute resolution practitioner.

Abdullah M. Alsaidi (Dr.) is Minister of the Ministry of Legal Affaires, Sultanate of Oman. He had served as the Yemeni Ambassador to the United Nations from 22 July 2002 to 2011. He has also held important government positions, including Vice-Minister for Foreign Affairs from 1999 to 2002 and member of the National Arbitration Committee with Eritrea over the Hanish Islands from 1996 to 2002. In 1995, he served as Counsellor in the Office of the Foreign Minister. From 1986 to 1988, he was Director of the Deputy Foreign Minister's Office. In 1997, he was a member of the Yemeni delegation to the United Nations Mission. He also served as foreign minister from 2014 to 2015.

Torki A. Alshubaiki is Dean and Founder of the College of Law & International Relations at Alfaisal University. He had worked as the secretary of the Arbitration Board at the Riyadh chamber of commerce and Industry from 1994 to 1997. He then left to practice law with the law firm of Baker & Mckenze. He received a BA in Law from King Saud University in 1991, an LL.M. from the American University Washington College of Law (Washington D.C.) in 1993, and a PhD from the London School of Economics (LSE) in 2003. He participated in founding the college of law at Prince Sultan University, where he taught business law, and private international law. Talshubaiki@alfaisal.edu.

Leonardo Carpentieri is Counsel in the London office of LMS Legal LLP. He assists clients in both investment treaty and commercial arbitration proceedings, before the major arbitration institutions including the ICC, ICSID, UNCITRAL, LCIA. Leonardo’s practice specifically focuses on construction, energy and infrastructure projects. Prior to joining LMS, Leonardo worked in the arbitration groups of international law firms in London and Paris, including Clifford Chance, Baker Botts and Pinsent Masons. Leonardo is admitted to practice as a Solicitor in England & Wales and as a French Avocat in Paris. He is the President of the English Section of the Franco-British Lawyers Society. He can be contacted at: leonardo.carpentieri@lmslex.com.

Hamza Ahmad Haddad is the Former Minister of Justice and the Founder of Law and Arbitration Centre – Jordan, one of Clout’s founding firms and the first registered legal firm as a limited liability company in Jordan. He was a lecturer and associate professor at the University of Jordan (1976–1985); a Part-time lecturer at many Schools of Law in Jordan; a former acting Dean of the Faculty of Law at the University of Jordan (1984–1985); a lecturer at Dubai Judicial Institute (2004–2005); and Visiting Professor at certain high academic schools in some Arab States such as Saint-Joseph University in Lebanon and Dubai, and the Arbitration Centre of Ain Shams University in Cairo. He has been an Attorney at law since 1985 until present; founder and manager of the Law and Arbitration Centre Co; founder and manager of the Arab Institute for Arbitration and ADR Co., (2006, present); former member of the Board of Trustees of Dubai International Arbitration Centre (DIAC); former member of Board of Governors of Cairo Regional Centre for International Commercial Arbitration (CRCICA); Conciliator representing Jordan in the list of ICSID; former member of the High Education Council in Jordan; former Minister of Justice in Jordan (1999–2000); Chairman of the Committee preparing the (draft) arbitration law in Jordan no. 31 of 2001; participated through its office in Jordan in preparing, amending and/or submitting notes (observations) about many draft laws or other rules of law in many Arab States, in particular the draft arbitration laws in the Emirates, Syria and Palestine; one of the leading founders of the Arab Union for International Arbitration in 1997, Cairo (the Union); Secretary General of the Union (2008, present); and former member of the Arab-Swiss Council for Arbitration. He participated in preparing the arbitration rules for the CRCICA and DIAC, practicing arbitration as a co-arbitrator, sole arbitrator, chairman of panel or legal advisor to either of the parties in dozens of cases whether ad hoc or institutional including the ICC in Paris, CRCICA in Cairo, ICSID in Washington, DIAC in Dubai, Abu Dhabi Arbitration Centre and G.C.C. Commercial Arbitration Centre. His practice in international cases covers many countries such as Cyprus, Egypt, the Emirates, Greece, Hong Kong, Iraq, Japan, Jordan, Kuwait, Lebanon, Malaysia, Qatar, Saudi Arabia, Slovenia, Sudan, Switzerland, Syria, Turkey, UK and USA. He received his Ph.D from Cairo University and another Ph.D from University of Bristol.

Majdi H. Haddad is Senior Legal Counsel of Private Banking at Standard Chartered Bank in Dubai. Prior to that he was an Associate at Baker McKenzie in Dubai, United Arab Emirates. He graduated with a Master of Laws in International Trade Law from University of Leeds.

Rizwan Hussain is a practising lawyer based in Lahore, Pakistan, and the Founding Partner at Hussain and Associates (Advocates). He is a member of Lahore High Court Bar Association and admitted to the Punjab Bar Council in 2007. Mr. Hussain regularly lectures in international arbitration and commercial law, at recognized institutions in Pakistan. He is a guest lecturer at Management and Professional Development Department (MPDD) of Government of Punjab, which trains provincial civil servants. He is also affiliated with a reputed English Daily ‘The Nation’ in Pakistan, as guest columnist. He has published various articles in different areas of law in domestic and foreign journals. Mr. Hussain obtained his LL.B. degree from University of the Punjab, Pakistan, and holds LL.M. in Comparative and International Dispute Resolution from Queen Mary, University of London.

Noor Kadhim is a Partner in the Dispute Resolution team of Gardner Leader. Noor qualified as an English solicitor in 2008 but also has experience working in civil law jurisdictions such as France and the United Arab Emirates. Her specialist areas are international commercial and investment arbitration, litigation, and art and cultural heritage law. In international arbitration, she has represented corporations, individuals, states and state-owned entities in LCIA, ICC, ICSID, UNCITRAL, ADCCAC and other proceedings, in London, Paris, Dubai, and Abu Dhabi. Sectors in which she has advised clients include energy (including renewables), shareholder and general commercial matters, and financial services. Her other area of expertise is art and cultural heritage law where she has represented gallerists, artists, institutions, and collectors in a wide range of circumstances ranging from title disputes to ordinary commercial (non-contentious) matters (including licensing and contractual transactions). Noor has also worked in-house at the International Chamber of Commerce in Paris, where she administered over 100 cases as a Deputy Counsel in the Eastern Mediterranean, Greek and Turkish team between 2014 and 2016. Further in-house experience includes a secondment at a major international litigation funder, where she sourced arbitration and litigation cases for funding, assisted with presentations on funding, and advised the investment committee on the merits of cases submitted for funding. Noor maintains relationships with various third party funders and is well-placed to assist clients and international counsel with placing cases for funding. She can be contacted at: n.kadhim@gardner-leader.co.uk.

Daphna Kapeliuk is a Partner in the Commercial and International Litigation Department at Goldfarb Seligman Law Offices, Tel Aviv, Israel. She specializes in international and domestic arbitration and is considered the leading Israeli expert and in these fields. She represents local and international clients in complex international arbitrations under various international arbitration rules, both in Israel and abroad, and advises corporations and senior business executives on international arbitration matters. As the only academic expert in the field, she has provided expert opinions on Israeli arbitration law in proceedings held before foreign tribunals. Adv. Dr. Kapeliuk was an Invited Expert to the meetings of the Constitution, Legislation and Law Committee of the Knesset (Israeli Parliament), with respect to a Bill amending the Arbitration Law, and a Bill amending the Courts Law by including a section on mandatory arbitration. She was appointed as a member of the “Ethics Committee” of the Israeli Institute of Commercial Arbitration. Dr. Kapeliuk is also an expert in conflict of laws and private international law, and has represented foreign clients before Israeli Courts in matters concerning international jurisdiction as well as enforcement of foreign judgments. Adv. Dr. Kapeliuk is regularly invited to speak about her fields of expertise at professional and academic international conferences and seminars, as well as at workshops for lawyers and for judges. She was consistently ranked as a leading individual by Legal 500 in the category Mediation and International Arbitration in 2017–2020, and was quoted as having “deep knowledge of international law and process.” Prior to joining Goldfarb Seligman, Adv. Dr. Kapeliuk was an associate professor of law specializing in international and domestic arbitration as well as in private international law. She published a book and numerous articles in major Israeli and American law reviews. Her publications are regularly cited by the Israeli Supreme Court, the District Courts, and the Magistrate Courts.

Andrew Massey is an Associate at Baker & McKenzie Habib Al Mulla. Andrew has been practicing in the Middle East for seven years. Andrew focuses on arbitration and across a variety of industry sectors including construction, real estate, insurance and general commercial disputes. Andrew is ranked in the UAE Legal 500 2020 as "a pleasure to work with. Always cool-headed even under pressure and a wonderful team player who delivers great results". Andrew has gained particular experience in conducting arbitration references under leading institutional arbitration rules, including in particular, LCIA, DIAC, DIFC-LCIA and the ICC. Andrew has experience in corporate and commercial laws and has been involved in numerous complex disputes. Andrew also acts in relation to disputes before the DIFC Courts, the ADGM Courts and the Dubai World Tribunal.

Zlatan Meškić is a full Professor of Law teaching arbitration law and conflicts of laws at the College of Law, Prince Sultan University in Riyadh. He received his Master of legal science (with integrated bachelor studies) and his PhD from the University of Vienna. He is practicing international arbitration (M&A, construction) as a counsel and arbitrator. He is the author of over sixty publications in conflicts of laws, arbitration and EU law. He was a professor at the University of Zenica from 2008 to 2019, and is a visiting professor to the University of Pittsburgh (2016) and University of Saarland (2015–present). Zmeskic@hotmail.com.

Mohamed Abdel Raouf is Attorney at law, Partner and Head of Arbitration Group at Abdel Raouf Law Firm, Cairo-Egypt and Associate Professor at Université Paris 1 Panthéon-Sorbonne. He is the former Director of the Cairo Regional Centre for International Commercial Arbitration (CRCICA [2012–2016]), mohamed@abdelraouf.com.

Jamal Seifi, LLB, LL.M, Ph.D., is Judge at the Iran-United States Claims Tribunal, Member of the Permanent Court of Arbitration, and Fellow of the Chartered Institute of Arbitrators (FCIArb). Jamal Seifi is a former Iranian judge and a former Visiting Professor at the University of Hull, UK (1999–2000). He has been a member of the Permanent Court of Arbitration (PCA) since 2006 and was a member of the Drafting Committee of eminent international jurists who drafted the PCA Optional Rules of Arbitration of 2012. Prior to taking up his position as a Member of the Iran-United States Claims Tribunal in 2009, Jamal Seifi has written on, taught and practised international arbitration for nearly two decades as arbitrator, counsel and expert in his capacity as a member of the law firm of  Jamal Seifi & Associates and as Associate Professor of law at the Shahid Beheshti University, Tehran.

Mir Shahbiz Shafe, LL.B, LLM, Ph.D., is an Attorney, legal advisor to international corporations working in Iran and a university lecturer and assistant professor at Shahid Beheshti University.

Sona Taghiyeva is Counsel based in Dentons’ Baku and Prague offices. Sona specializes in corporate and commercial law, energy and infrastructure, banking & finance and real estate, construction, licensing and hospitality issues, as well as dispute resolution. She holds Bachelor’s and Master’s degree in International Law from Baku State University and LL.M degree in Comparative Law, specialized in Corporate and Business Law at the University of San Diego. She was an Executive Committee Member at British Business Group Azerbaijan acting as a business liaison from August 2017 till January 2020. She was admitted to the New York Bar in January 2011. She is also registered as a foreign lawyer in the Czech Bar Association since July 2018.  Before joining Dentons, Sona worked for MGB Law Offices Limited and headed the Department on International Financial Institutions of Oil Workers Rights Protection Organization in Azerbaijan.  She is also teaching courses on “Corporations” and “General Energy Law” at the LLM Commercial Law Faculty of Baku State University.

Kamil Valiyev is a Partner at MGB Law Offices. Mr. Valiyev holds Bachelor’s degree from Baku State University and LL.M degree in Intellectual Property, Commerce and Technology from the University of New Hampshire, School of Law (formerly Franklin Pierce Law Center), USA. Kamil Valiyev has an extensive experience in advising private and public organizations in local and cross-border M&A and commercial transactions in various sectors. He focuses his practice in the area of energy law, corporate law, intellectual property law, project development and trade compliance. Kamil advises multinational companies on establishment of joint ventures and strategic alliances with Azerbaijani private and state owned companies. He also assists foreign and local clients on transactional IP and franchising issues as well as enforcement measures for the protection of intellectual property rights. Prior to joining MGB Law Offices, Kamil was a partner at Baker & McKenzie where he was advising various international private and state owned companies in energy and IT/telecom businesses on broad range of issues. Kamil has been independently recommended as a leading lawyer in Azerbaijan by the IFLR 1000 Energy and Infrastructure Guide and ranked by Chambers & Partners (Asia-Pacific). He has been awarded with the Member of the Year Award for 2016–2017 by the Association of International Petroleum Negotiators. Mr.Valiyev also has served as a Head of Legal Department of the Bank of Azerbaijan OJSC and has led a division of the Legal Support of International Project at the State Oil Company of the Republic of Azerbaijan. He is an adjunct professor of Baku State University, Law Faculty and teaches “Energy Law of Caspian Sea States.”

Ali Yeşilırmak is a Professor at Ibn Haldun University School of Law and a Visiting Lecturer at the School of International Arbitration, CCLS, Queen Mary College; University of London. He has served as an arbitrator and counsel in several ad hoc and institutional arbitrations. He is a member of the Permanent Court of Arbitration and of the Court of Arbitration at the Istanbul Chamber of Commerce Arbitration Court (ITOTAM). He was an of counsel to Esin Attorney Partnership an affiliate of Baker & McKenzie Istanbul (2011–2014); and to Birsel Law Office 2001–2005. He was seconded to Herbert Smith London (2000–2001). Ali holds an LLB from Dokuz Eylul University, an LL.M. from the University of Texas at Austin and a Ph.D. from CCLS, Queen Mary, University of London. He was a member of the Committee attached to the Ministry of Justice and entrusted with the drafting the new Code of Civil Procedure (2011), of the Law on Conciliation in respect of Civil Matters (2011) and its Regulation (2012), and of the Law on Istanbul Arbitration Centre. He published various books and articles on arbitration, litigation, mediation, execution, and bankruptcy. He is a general editor on international dispute resolution series in which six books have been published in Turkish. He was awarded Schmitthoff scholarship; did internships at the International Chamber of Commerce and the American Arbitration Association, was a research assistant to HE Judge Professor Dr. Carl Baudenbacher of the EFTA Court. He is fluent in Turkish and English.