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MENA Leading Arbitrators' Guide to International Arbitration

Edited by: Gordan Blanke, Soraya Corm-Bakhos, Nayla Comair-Obeid

ISBN13: 9781944825614
Published: October 2023
Publisher: Juris Publishing
Country of Publication: United States
Format: Hardback
Price: £275.00



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The MENA Leading Arbitrators’ Guide to International Arbitration provides a unique insight into how leading arbitrators of the Middle East and North Africa approach a number of core procedural and substantive law issues in arbitrations seated in the MENA region.

Apart from taking the reader through the main procedural milestones of a MENA-seated arbitration, it also deals with some of the key subjects of arbitration in the region, such as the question of arbitrability, the fundamental distinction between institutional and ad hoc arbitration, the powers and duties of arbitrators sitting in the MENA, the role of the national courts in their capacity as curial and supervisory courts in the arbitration, fees and costs in MENA arbitration, the often vexed topic of public policy, and the role of conciliation as an alternative form of dispute resolution, to name a few. At the substantive law level, the reader will benefit inter alia from insiders’ views on force majeure and hardship in the MENA region.

The title also examines specific types and industry sectors of arbitration, starting with free zone arbitration, which has made its debut in the Middle East, investment arbitration and arbitration in construction, oil and gas, maritime, and banking and finance. Finally, the title also features a number of topical contributions on gender and diversity in MENA arbitration.

Subjects:
Other Jurisdictions , Middle East, Arbitration and Alternative Dispute Resolution
Contents:
Foreword
Preface
1. To Arbitrate or not to Arbitrate: The MENA’s take on Arbitrability, Karim J. Nassif and Farah El Hajj Purice
2. Arbitration Agreements, Karim A. Youssef
3. Institutional v. Ad Hoc Arbitration, Omar Aljazy
4. Arbitral Institutions in the MENA Region: Challenges and Prospects, Jacob Grierson and Sara Koleilat-Aranjo
5. The Constitution of The Arbitral Tribunal, Roland Ziadé
6. The Tribunal’s Powers and Duties, Alain Farhad and Gerard Moore
7. Parallel Proceedings and Intervention by National Courts, Essam Al Tamimi, Hassan Arab, and Sara Koleilat-Aranjo
8. Evidence Gathering and Document Production in the Middle East and North Africa (MENA) Region, Jalal El Ahdab
9. Confidentiality and Privilege in the MENA Region – A Survey of Regional Rules and Recent Trends, Reza Mohtashami and Matei Purice
10. The Role of Fact Witness Evidence in International Arbitration, Raëd Mounir Fathallah and Suhaib Al-Ali
11. The Role of the Expert Witness, Michael Tonkin
12. The Role of Legal Expert Witness Evidence, Ali Al Hashimi and John Mcgowan
13. The Conduct of the Hearing, Fathi Kemicha and Gordon Blanke
14. Advocates and Advocacy, Philip Punwar
15. Recognition, Enforcement, and Nullification of Awards, Soraya Corm-Bakhos
16. Force Majeure and Unforeseen Events in the Middle East and North Africa, Samaa A.F. Haridi and Zeina Obeid
17. Public Policy, Martin Lau and Faris Elias Nasrallah
18. Fees and Costs in International Arbitration, Nadia Darwazeh and Dany Khayat
19. Awards, Orders and Deliberations, Anne K. Hoffmann
20. Conciliation in The Middle East, Nasser Ali Khasawneh, Hani Kurdi, Maria Mazzawi, Mostafa Ihab, Omid Mousavi, Liesje Korff, and Mariam Anis
21. Free Zone Arbitration in the MENA: The UAE Example, Gordon Blanke
22. Arbitration in Banking and Financial Disputes Deconstructed, Georges Affaki and Soraya Corm-Bakhos
23. Construction Arbitration, Aisha Nadar and Ahmed Ibrahim
24. Oil and Gas Disputes In The MENA Region, A. Timothy Martin
25. Maritime Arbitration, Jonathan S. Lux and Alec J. Emmerson
26. Investment Arbitration in the MENA: An Introduction, Gordon Blanke
27. Women in International Arbitration in the MENA Region, Jacomijn Van Haersolte-Van Hof
28. Diversity in International Arbitration in the MENA, Ziva Filipic and Mirèze Philippe
29. Outlook into the Future, Ibrahim Fadlallah
30. Epilogue: The Virtuous Arbitrator, Alexis Mourre