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A Model Harmonised International Arbitration Law Code for the Middle East and North Africa

Authors: Ayad, Mary B

  • 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
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eBook $139.00
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  • The eBook version of this title will be available soon
  • Due: December 9, 2022
  • ISBN 978-3-642-38194-2
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Hardcover $179.00
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  • Due: November 11, 2022
  • ISBN 978-3-642-38193-5
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About this book

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.

Buy this book

eBook $139.00
price for USA in USD (gross)
  • The eBook version of this title will be available soon
  • Due: December 9, 2022
  • ISBN 978-3-642-38194-2
  • Digitally watermarked, DRM-free
  • Included format:
  • ebooks can be used on all reading devices
Hardcover $179.00
price for USA in USD
  • Customers within the U.S. and Canada please contact Customer Service at +1-800-777-4643, Latin America please contact us at +1-212-460-1500 (24 hours a day, 7 days a week). Pre-ordered printed titles are excluded from promotions.
  • Due: November 11, 2022
  • ISBN 978-3-642-38193-5
  • Free shipping for individuals worldwide
  • Immediate ebook access* with your print order

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Bibliographic Information

Bibliographic Information
Book Title
A Model Harmonised International Arbitration Law Code for the Middle East and North Africa
Authors
Copyright
2023
Publisher
Springer-Verlag Berlin Heidelberg
Copyright Holder
Springer-Verlag GmbH Germany, part of Springer Nature
eBook ISBN
978-3-642-38194-2
Hardcover ISBN
978-3-642-38193-5
Edition Number
1
Number of Pages
500
Topics

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