When the first edition of this work appeared in 1984 it quickly established for itself the reputation of being not only the most complete, but also the most insightful and accurate articulation of the law in this field. As the first ever work on the subject it rapidly became a bestseller, and has remained constantly in print. However much has happened in the intervening period, and the need for a new edition has grown ever more pressing.
Following the success of the first edition, the basic format has been maintained, while the author, drawing upon his intimate knowledge of the region and considerable practical experience as an arbitrator, has completely revised and updated all parts of the book so that it offers a fully modern account of domestic commercial arbitration practice in the Middle East. The first part of the book dealing with Shari'a, is the least changed, and continues to draw on the major sources of Shari'a, with illustrations taken from the four main schools that have the influenced its development.
This part underpins all the remaining chapters which deal in turn with different national systems, building on the discussion of Shari'a by reference to local statutes, judicial precedents and commentaries. Detailed analysis of the law and practice is supported by extensive footnoting, guidance on further reading, and insights into the prevailing business practices within each country. For practising lawyers and arbitrators a feature which will be particularly welcome is the inclusion of up-to-date discussion of practice and procedure for the execution and enforcement of domestic and foreign awards, and the legal pitfalls awaiting the unwary.
The new edition has also been considerably amplified to include international aspects of arbitration as reflected in the case and law and academic commentary in each territory.
A companion volume is published in December 2011 covering Jordan, Kuwait, Bahrain and Saudi Arabia and follows the same basic structure as the earlier editions, analysing the national arbitration systems of the four countries by reference to statutes, judicial precedents and commentaries.
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