Arbitration in the MENA
Arbitration in the MENA is a unique compilation of contributions from authoritative academics and scholar-practitioners on the practice and procedure of arbitration in the Middle East and North Africa. The publication aims to guide the reader through the arbitration process in jurisdictions that are mostly unfamiliar to an international arbitration community and provide insights into the common practice of arbitration in those jurisdictions. The various country chapters are self-contained and can be consulted individually on questions of interest to the reader. This first edition contains contributions on Egypt, Jordan, Lebanon, Oman, Saudi Arabia, Tunisia, Turkey and the United Arab Emirates. Release 1 added contributions on Israel and Libya. Given the looseleaf format of this work, coverage will grow to comprise all jurisdictions in the Middle East and North Africa over years to come. Updates are anticipated annually.
CURRENT update RELEASE 4
*Please note - Material originally found on the CD-ROM is now found at the end of this table of contents*
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PDF of Title Page and TOC
FOREWORD
Ibrahim Fadlallah
Emeritus Professor, University of Paris X
PREFACES
Dr. Gordon Blanke
Founding Partner, Blanke Arbitration LLC, Dubai/London/Paris
SECTION I - COUNTRY REPORTS
Part A
EGYPT
Hatem Darweesh
Part B
JORDAN
Omar Aljazy
Part C
LEBANON
Jalal El Ahdab and Myriam Eid
Part D
OMAN
Amel K. Abdallah
Part E
SAUDI ARABIA
Abdulrahman Y. Baamir
Part F
TUNISIA
Sami Houerbi
Part G
TURKEY
İsmail G. Esin, Özgün Çelebi and Doğan Gültutan
Part H
UNITED ARAB EMIRATES
Gordon Blanke
Part I
ISRAEL
Daphna Kapeliuk
Part K
IRAQ
Noor Kadhim and Leonardo Carpentieri
SECTION II – SPECIALIST SECTORS AND THEMES
Part A
THE ROLE OF ISLAMIC SHARIA IN MENA ARBITRATION
Nathalie Najjar
Part B
OIL & GAS DISPUTES IN THE MENA REGION
A. Timothy Martin
Part C
THE PUBLIC POLICY EXCEPTION AND INTERNATIONAL COMMERCIAL ARBITRATION IN THE MENA REGION:
A CONTEXTUAL ANALYSIS
Martin Lau
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**
EGYPT
[6.1] Egyptian Law Concerning Arbitration in Civil and Commercial Matters
JORDAN
[4.1] Law No. 31 of 2001 (Jordan) Arbitration Law
LEBANON
[5.1] Lebanese Arbitration Law, New Code of Civil Procedure Second Book
OMAN
[6.1] Oman Decree No. 47 of 1997
SAUDI ARABIA
[6.1] Arbitration Law
[6.2] The New Saudi Arbitration Act: Evaluation of the Theory and Practice
TUNISIA
[5.1] Tunisian Arbitration Code
TURKEY
[7.1] Turkey Arbitration Law
UNITED ARAB EMIRATES
[5.1] UAE Federal Law No. 11 of 1992 Concerning Civil Procedures Law
[5.2] UAE Arbitration Law DIFC Law No. 8 of 2004
[5.3] ADGM Arbitration Regulations 2015
ISRAEL
[9.1] Israel Arbitration Law 1968
[9.2] International Rules of the Israeli Institute of Commercial Arbitration
LIBYA
[5.1] Libyan Law No.4 for 2010 on Arbitration and Conciliation
[5.2] Libyan Code of Civil and Commercial Procedure of 1953, Articles 739-777
IRAQ
[4.1] Iraqi Civil Code No. 40 of 1951 (the Civil Code)
[4.2] Iraqi Code of Civil Procedure No. 83 of 1969 (the CCP)
[4.3] Civil Evidence Law No. 107 of Year 1979
[4.4] Law No 13 of 2006 (The Investment Law of Iraq)
[4.5] Law No. 4 of 2006 (Kurdistan Regional Investment Law)
EDITORS:
Gordon Blanke LL.M, PhD, MCIArb is Partner and heads the International Commercial and Investment Arbitration Group of DWF (Middle East) LLP in the DIFC, Dubai. Before joining DWF, Dr. Blanke was Counsel and Sector Leader in the International Arbitration Group of Baker & McKenzie Habib Al Mulla in the United Arab Emirates. He has wide-ranging experience in all types of international commercial and investment arbitration in both the common and civil law legal systems, having acted as advising counsel and arbitrator under most leading institutional arbitration rules (ICC, LCIA, DIFC-LCIA, DIAC, ADCCAC, JAMS, SCC, etc.) and ad hoc in arbitrations seated in the US, Europe and the Middle East in relation to a variety of industry sectors. Dr. Blanke speaks regularly on international arbitration and has published over 100 books and articles on international arbitration, including Comparison of Gulf International Arbitration Rules (2010) and Comparison of MENA International Arbitration Rules (2011), both published by Juris, and most recently Annotated Guide to Arbitration in the UAE: Volume I - The UAE Arbitration Chapter, Thomson Reuters (2014). Dr. Blanke is a member of the UAE ICC Steering Committee and on the editorial board of a number of leading arbitration journals, including in particular Arbitration, the journal of the Chartered Institute of Arbitrators. Dr. Blanke is recommended for international commercial arbitration in the 2014 and 2015 editions of The Legal 500 and has been recognized as a leader in the field by Who’s Who Legal 2015.
Habib Al Mulla, Chairman of Baker & McKenzie Habib Al Mulla, is one of the UAE’s most highly respected legal authorities. He has over 30 years’ experience in UAE law and has drafted many of the modern legislative structures in place in Dubai today. Dr. Al Mulla focuses his practice on litigation and arbitration and has served as arbitrator and expert in numerous arbitration and court references across the Middle East. He is the Chairman of the Board of Trustees of the Dubai International Arbitration Centre (DIAC) and is Chairman of the Chartered Institute of Arbitrators (CIArb) UAE Committee. He created the concept of financial free zones in the UAE and was the architect of the legal framework establishing the Dubai International Financial Centre (DIFC), the first financial free zone in the UAE. Dr. Al Mulla also served as Chairman of the Legislative Committee of the Dubai Financial Services Authority (DFSA). He has spoken and published extensively on the UAE law and economy, including a two part book on his life’s work titled Life’s Harvest, a definitive selection of his writings on the laws, politics and economy of the UAE over the last 26 years.
With a Foreword by Professor Ibrahim Fadlallah, Emeritus Professor of the University of Paris X and Member of the Institute of International Law.
CONTRIBUTORS:
Amel K. Abdallah
Jalal El Ahdab
Omar Aljazy
Abdulrahman Y. Baamir
Gordon Blanke
Leonardo Carpentieri
Ozgun Celebi
Hatem Darweesh
Myriam Eid
Ismail G. Esin
Dogan Gultutan
Sami Houerbi
Noor Kadhim
Daphna Kapeliuk
Martin Lau
A. Timothy Martin
Nathalie Najjar
Kamal Sefrioui
“An invaluable and comprehensive guide to international arbitration in the Middle East.”
- Gary Born, Chair, International Arbitration, Wilmer Cutler Pickering Hale and Dorr, LLP
“I cannot think of higher praise for Arbitration in the MENA, which will quickly became an indispensable English language resource for all practitioners involved or interested in arbitration in the MENA region, whether acting as arbitrators, counsel, or parties. Arbitration in the MENA is a comprehensive English language publication, which methodically explains how substantive and procedural rules of arbitration are implemented in practice in the MENA region. It offers expert insights into the arbitration laws of each jurisdiction in the MENA region, dealing with diverse and complex subject matters in a cogent and thoroughly readable annual publication. I can say that Arbitration in the MENA offers a most crucial resource for practitioners seeking to understand the legal framework, formalities, and processes of arbitration in the MENA region.”
- Professor Dr. Nayla Comair-Obeid, Founding Partner, Obeid Law Firm, and Vice President, Chartered Institute of Arbitrators
“Arbitration in the MENA is definitive in its scope and analysis of the law. I recommend it most warmly and look forward to seeing it grow over the years.”
- Alexis Mourre, Founding Partner, Castaldi Mourre & Partners, and President of the ICC International Court of Arbitration, Paris
EDITORS:
Gordon Blanke LL.M, PhD, MCIArb is Partner and heads the International Commercial and Investment Arbitration Group of DWF (Middle East) LLP in the DIFC, Dubai. Before joining DWF, Dr. Blanke was Counsel and Sector Leader in the International Arbitration Group of Baker & McKenzie Habib Al Mulla in the United Arab Emirates. He has wide-ranging experience in all types of international commercial and investment arbitration in both the common and civil law legal systems, having acted as advising counsel and arbitrator under most leading institutional arbitration rules (ICC, LCIA, DIFC-LCIA, DIAC, ADCCAC, JAMS, SCC, etc.) and ad hoc in arbitrations seated in the US, Europe and the Middle East in relation to a variety of industry sectors. Dr. Blanke speaks regularly on international arbitration and has published over 100 books and articles on international arbitration, including Comparison of Gulf International Arbitration Rules (2010) and Comparison of MENA International Arbitration Rules (2011), both published by Juris, and most recently Annotated Guide to Arbitration in the UAE: Volume I - The UAE Arbitration Chapter, Thomson Reuters (2014). Dr. Blanke is a member of the UAE ICC Steering Committee and on the editorial board of a number of leading arbitration journals, including in particular Arbitration, the journal of the Chartered Institute of Arbitrators. Dr. Blanke is recommended for international commercial arbitration in the 2014 and 2015 editions of The Legal 500 and has been recognized as a leader in the field by Who’s Who Legal 2015.
Habib Al Mulla, Chairman of Baker & McKenzie Habib Al Mulla, is one of the UAE’s most highly respected legal authorities. He has over 30 years’ experience in UAE law and has drafted many of the modern legislative structures in place in Dubai today. Dr. Al Mulla focuses his practice on litigation and arbitration and has served as arbitrator and expert in numerous arbitration and court references across the Middle East. He is the Chairman of the Board of Trustees of the Dubai International Arbitration Centre (DIAC) and is Chairman of the Chartered Institute of Arbitrators (CIArb) UAE Committee. He created the concept of financial free zones in the UAE and was the architect of the legal framework establishing the Dubai International Financial Centre (DIFC), the first financial free zone in the UAE. Dr. Al Mulla also served as Chairman of the Legislative Committee of the Dubai Financial Services Authority (DFSA). He has spoken and published extensively on the UAE law and economy, including a two part book on his life’s work titled Life’s Harvest, a definitive selection of his writings on the laws, politics and economy of the UAE over the last 26 years.
With a Foreword by Professor Ibrahim Fadlallah, Emeritus Professor of the University of Paris X and Member of the Institute of International Law.
CONTRIBUTORS:
Amel K. Abdallah
Jalal El Ahdab
Omar Aljazy
Abdulrahman Y. Baamir
Gordon Blanke
Leonardo Carpentieri
Ozgun Celebi
Hatem Darweesh
Myriam Eid
Ismail G. Esin
Dogan Gultutan
Sami Houerbi
Noor Kadhim
Daphna Kapeliuk
Martin Lau
A. Timothy Martin
Nathalie Najjar
Kamal Sefrioui
“An invaluable and comprehensive guide to international arbitration in the Middle East.”
- Gary Born, Chair, International Arbitration, Wilmer Cutler Pickering Hale and Dorr, LLP
“I cannot think of higher praise for Arbitration in the MENA, which will quickly became an indispensable English language resource for all practitioners involved or interested in arbitration in the MENA region, whether acting as arbitrators, counsel, or parties. Arbitration in the MENA is a comprehensive English language publication, which methodically explains how substantive and procedural rules of arbitration are implemented in practice in the MENA region. It offers expert insights into the arbitration laws of each jurisdiction in the MENA region, dealing with diverse and complex subject matters in a cogent and thoroughly readable annual publication. I can say that Arbitration in the MENA offers a most crucial resource for practitioners seeking to understand the legal framework, formalities, and processes of arbitration in the MENA region.”
- Professor Dr. Nayla Comair-Obeid, Founding Partner, Obeid Law Firm, and Vice President, Chartered Institute of Arbitrators
“Arbitration in the MENA is definitive in its scope and analysis of the law. I recommend it most warmly and look forward to seeing it grow over the years.”
- Alexis Mourre, Founding Partner, Castaldi Mourre & Partners, and President of the ICC International Court of Arbitration, Paris
CURRENT update RELEASE 4
*Please note - Material originally found on the CD-ROM is now found at the end of this table of contents*
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.
PDF of Title Page and TOC
FOREWORD
Ibrahim Fadlallah
Emeritus Professor, University of Paris X
PREFACES
Dr. Gordon Blanke
Founding Partner, Blanke Arbitration LLC, Dubai/London/Paris
SECTION I - COUNTRY REPORTS
Part A
EGYPT
Hatem Darweesh
Part B
JORDAN
Omar Aljazy
Part C
LEBANON
Jalal El Ahdab and Myriam Eid
Part D
OMAN
Amel K. Abdallah
Part E
SAUDI ARABIA
Abdulrahman Y. Baamir
Part F
TUNISIA
Sami Houerbi
Part G
TURKEY
İsmail G. Esin, Özgün Çelebi and Doğan Gültutan
Part H
UNITED ARAB EMIRATES
Gordon Blanke
Part I
ISRAEL
Daphna Kapeliuk
Part K
IRAQ
Noor Kadhim and Leonardo Carpentieri
SECTION II – SPECIALIST SECTORS AND THEMES
Part A
THE ROLE OF ISLAMIC SHARIA IN MENA ARBITRATION
Nathalie Najjar
Part B
OIL & GAS DISPUTES IN THE MENA REGION
A. Timothy Martin
Part C
THE PUBLIC POLICY EXCEPTION AND INTERNATIONAL COMMERCIAL ARBITRATION IN THE MENA REGION:
A CONTEXTUAL ANALYSIS
Martin Lau
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**
EGYPT
[6.1] Egyptian Law Concerning Arbitration in Civil and Commercial Matters
JORDAN
[4.1] Law No. 31 of 2001 (Jordan) Arbitration Law
LEBANON
[5.1] Lebanese Arbitration Law, New Code of Civil Procedure Second Book
OMAN
[6.1] Oman Decree No. 47 of 1997
SAUDI ARABIA
[6.1] Arbitration Law
[6.2] The New Saudi Arbitration Act: Evaluation of the Theory and Practice
TUNISIA
[5.1] Tunisian Arbitration Code
TURKEY
[7.1] Turkey Arbitration Law
UNITED ARAB EMIRATES
[5.1] UAE Federal Law No. 11 of 1992 Concerning Civil Procedures Law
[5.2] UAE Arbitration Law DIFC Law No. 8 of 2004
[5.3] ADGM Arbitration Regulations 2015
ISRAEL
[9.1] Israel Arbitration Law 1968
[9.2] International Rules of the Israeli Institute of Commercial Arbitration
LIBYA
[5.1] Libyan Law No.4 for 2010 on Arbitration and Conciliation
[5.2] Libyan Code of Civil and Commercial Procedure of 1953, Articles 739-777
IRAQ
[4.1] Iraqi Civil Code No. 40 of 1951 (the Civil Code)
[4.2] Iraqi Code of Civil Procedure No. 83 of 1969 (the CCP)
[4.3] Civil Evidence Law No. 107 of Year 1979
[4.4] Law No 13 of 2006 (The Investment Law of Iraq)
[4.5] Law No. 4 of 2006 (Kurdistan Regional Investment Law)