A Model Harmonised International Arbitration Law Code for the Middle East and North Africa
Ayad, Mary B
2016, 500 p.
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Use of the precedent of the Mixed Courts to help with MENA arbitration
Analysis of Sharia law and the Arab Spring on its practical impact on international arbitration in the MENA
Honest assessment of the real adjudicatory risk in the MENA
Practical idea in the HICALC for bringing about consistency and predictability through harmonisation and incorporating principles from the lex mercatoria
The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would lead to improved arbitral award enforcement in the MENA.
Content Level »Research
Keywords »International Commercial Arbitration - International Investment Arbitration - Middle East and North Africa - New Lex Mercatoria - Sharia Law