The Arab (AMMAN) Convention on Commercial Arbitration (1987) - World Arbitration Reporter (WAR) - 2nd Edition

Jalal El Ahdab (Jil Ahdab) is a senior associate in Orrick’s Paris office and a member of the Orrick Arbitration Practice. After two years of experience in corporate and finance transactional work, his practice now concentrates mainly on domestic and international arbitration, both commercial (ICC, UNCITRAL, LCIA and VIAC) and investment (ICSID and UNCITRAL), with a focus on Europe, the Middle East, and Africa. He sometimes deals with international (civil/criminal) litigation and corporate matters. Mr. Ahdab is a member of both the Paris and Beirut Bars and is fluent in French, English and Arabic. He has taught Law & Religion at Sciences Po and teaches arbitration law at Versailles University. He is also managing editor of The Journal of Arab Arbitration, published quarterly, is a speaker at international arbitration conferences, and also author of numerous articles on arbitration and corporation matters. He will be publishing next year, together with Abdul Hamid El Ahdab, the third edition of Arbitration with Arab Countries (Kluwer).

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Originally from World Arbitration Reporter (WAR) - 2nd Edition

I. INTRODUCTION

A. Purpose

During the 1950’s, Arab States regarded arbitration as a foreign judicial institution “imposed” upon them. At that time, several Arab countries were involved in arbitration proceedings opposing a Western party.1 In these arbitrations, the law of the Arab country was to be applied to the dispute. Yet, these proceedings operated in a stereotypical manner disregarding the dispute’s strong connections with the Arab party and therefore with Arabic law and language. The arbitrators excluded the application of the national legal systems of the Arab States involved in what can be described as “a humiliating nature.”2

As a result and after a period of reluctance to arbitrate, the Arab States abandoned their reservations toward international arbitration. Fully aware of the rising importance of international arbitration, many countries actually wanted to play an effective role in the production of arbitration rules and the creation of arbitration institutions in order to preserve their legal and cultural differences while interacting with their international economic partners. Since then, legislative changes as well as legal instruments, such as international treaties, aimed at promoting arbitration have found increasing acceptance, not only with non-Arab counterparts but also inside the Arab world.

Table of Contents:

THE ARAB (AMMAN) CONVENTION ON COMMERCIAL ARBITRATION (1987) - TABLE OF CONTENTS from World Arbitration Reporter (WAR) - 2nd Edition

THE ARAB (AMMAN) CONVENTION ON COMMERCIAL ARBITRATION (1987)

I. INTRODUCTION

A. Purpose

B. Historical Background

C. Structure of the Treaty

1. The Arab Center for Commercial Arbitration (ACAA)

a) Statutes

b) Institutions

i. The Board of Directors

ii. The Bureau

iii. The Director

II. ARBITRATION UNDER THE AMMAN CONVENTION

A. The Scope of the Amman Convention

B. The Arbitration Agreement

1. Nature

2. Effects

a) Competence-competence

b) Remedies against the arbitral award

C. The Arbitral Tribunal

1. Qualifications

2. Number of arbitrators

3. Appointment of arbitrators

4. Independence of the arbitrators

5. Mission of the arbitrators

D. The Arbitral Proceedings

1. General description

2. The place of arbitration

3. The language of arbitration

4. The law applicable to arbitration

5. Time limit of the arbitration

E. The Arbitral Award

1. Issuance of the award

2. Annulment of the award

III. APPENDIX

A. Text of the Arab Convention