Commercial Arbitration In The Islamic Middle East Case Study

Presently Bahrain, Egypt, Iraq, Iran, Israel, Jordan, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, Syria, United Arab Emirates, and Yemen are the 14 nations in the Middle East. The majority of Middle Easterners share in common the Arab culture, language and religion. It is especially important to take note of the Islamic belief. "Islam means the act of giving one's self to God or Allah" (Harris & Moran, 2000, p.385). Visitors and business people must understand the powerful religious and cultural force of Islam to appreciate or comprehend this country. Although this paper focuses on establishing and doing business in the United Arab Emirates (UAE), the writers have also given attention to the

Kolkey, D. M., Chernick, R., & Neal, B. R. (2012). Practitioners handbook on international arbitration and mediation (3rd ed.). Huntington: JurisNet.

After carefully considering the situation in both plaintiff (Eunice) and defendant (RFYL), arbitration should be an effective Alternative Dispute Resolution in

Arbitration has existed in America for centuries. The Native American Indian tribes were believed to have used arbitral process to settle disputes between the tribe and those outside the tribe. “Long before the white man ever arrived in what is now the United States early Native American tribes used arbitration as not only a means to resolve disputes within the tribe but also as a means to resolve disputes between different tribes”. (laborstudies and research p.2). The concept arbitration with no doubt extended to the America from the European continent, largely from England, after she colonizing America. Arbitration among merchants were common, since it proved more efficient and effective that the courts during that period. The first US

There is currently a debate of whether Australia should introduce legislation allowing religious groups, including Muslims, Jews and others, to surrender themselves to the religious arbitration in areas of personal law, similar to the model that was in force in Ontario, Canada, from 1991 to 2005. Canada ultimately denied formal recognition of the religious arbitration but still accepted its existence only within the informal processes if the parties of the disputes are willing to use religious arbitration. The paper is to undertake a comparative examination of the model, as it existed in Ontario and the current position in Australia and examine the pros and cons for an

In response to your request I reviewed Ms. Baker arbitration clause to see whether it can be considered unconscionable.

In response to your request, I analyzed reviewed Ms. Baker arbitration clause to see whether it is considered unconscionable.

The interaction between Shari’a and international companies is increasing as Western companies seek to expand business into Muslim controlled countries. Muslims represent a quarter of the world’s population and Muslim countries control ten percent of the world’s economy. An increasing number of corporate contracts in the region require that arbitration be Shari’a compliant, and for contract arbitration to be mediated by religious leaders. Conflict occurs when Shari’a contradicts Western laws and values. Major concerns include differences in business practices,

One of the foundations of arbitration is that awards rendered are final and not subject to appeal before the courts. In this respect, Article 5 of the UNCITRAL Model Law provides for minimal intervention, and says, “In matters governed by this Law, no court shall intervene except where so provided in this Law“. As a result, the grounds upon which a court may set aside an award or refuse to recognize and enforce the same are limited. Article 34 of the Model Law and Article V of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards provide the restrictive grounds for such relief.

the Arbitration and Conciliation Act, 1996 would apply only from the stage after reference and not before the stage of reference when options under section 89 CPC are given by the court and chosen by the parties.38 Even though section 89 CPC mandates courts to refer pending suits to any of the several ADR processes mentioned therein, there cannot be a reference to arbitration even under section 89 CPC, unless there is a mutual consent of all parties, for such reference. 39 Section 89 CPC also provides for reference of a dispute in a sub judice matter to conciliation. The statute However once the matter is referred to arbitration the matter permanently moves out of the realm of court proceedings and the suit stands disposed of at that very stage

As a signatory to the New York convention since 2001 Iran has adopted arbitration with open arms, as Iran is an Islamic country Sharia law governs it and as such, Quran verses do shed light on arbitration in loose terms , although it was described as more of a reconciliation type model . The enforcement of international commercial arbitration awards in Iran have been overseen by domestic legislation Governed by provisions of domestic legislation and many prevalent over regional or international enforcement instruments, even though Iran has implemented separate arbitration laws that largely are molded from the UNCITRAL Model Law . This can be seen as a very good incentive for FDI as it gives the investor some comfort.

In the first chapter of his book The Justice of Islam, Lawrence Rosen focuses on explaining the role of the qadi under an Islamic justice system in Morocco. He explains that the qadi essentially acts as a mediator between both parties of a dispute and attempts to establish a momentary peace before an agreement can be reached. Although this description could be applied to a judge or an arbitrator in the American judicial system, the qadi’s role differs in that they must take into consideration the divine law as laid out in the quran, the value system of the society they live in, what is in the best interest of the community, in addition to applying his or her judgment and discretion in coming to a decision. In Rosen’s example, people in Morocco are bound together tightly by a “web of indebtedness” and “mutual obligations” which pervades into all aspects of life. Relationships between neighbors, coworkers, and even family are negotiated in an attempt for both parties to solidify their bond with one another. Thus, in coming to a decision, a qadi in Morocco should strongly consider the relationship between both parties and any existing informal agreements they may have.

With all of these acts and statutes being passed, it seemed as though arbitration was the way to go. But as more and more agreements to arbitrate future disputes were executed, other nonarbitral forms of alternative dispute resolution such as mediation and neutral fact-finding became common.

Arbitration is legal technique used to resolve any disputes outside of the courts. Arbitration allows for speedy and cheap resolution of any disputes, the parties involved in a dispute agree to appoint a third person (arbitrator) who will hear their testimonies, and look into the evidence they provide. The arbitrator's decision cannot be challenged in a law court as it is considered final and the parties involved have to accept the decision (Brams & Merrill, 1986). There are only very limited circumstances where the decision of an arbitrator can be challenged, and this is mostly if there can be proof from one of the parties showing that the arbitrator was biased in their decision or ruling. The chosen arbitrator will be an experienced person in the area of the dispute.

Firstly, the choice of law applicable to the substance of the dispute which the parties have made can be either express or implied and if such choice took place the arbitrators have to apply it. Without any indications concerning choice of applicable law, an arbitral tribunal has to determine such law through the searching of proper