Download or read book Shari a Law in Commercial and Banking Arbitration written by Abdulrahman Yahya Baamir and published by Routledge. This book was released on 2016-04-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of how commercial and banking disputes can be settled under the Islamic regime for arbitration. The work focuses on the Saudi legal system as representative of Shari'a law in commercial and banking arbitration, and where relevant, makes comparisons with the settlement of banking disputes in Egypt and the UAE. Shari'a Law in Commercial and Banking Arbitration provides a general introduction to the Saudi law and to the main principles and sources of Islamic Shari'a, on which Saudi law is based. It explores uncertainties resulting from the current system, such as the payment of interest, and examines possible alternative remedies for both domestic and international banking arbitration. It will be key reading for anyone interested in business and commercial law.

Download or read book Arbitration and International Trade in the Arab Countries written by Nathalie Najjar and published by BRILL. This book was released on 2017-10-23 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.

Download or read book Arbitration with the Arab Countries written by ?Abd al-?am?d A?dab and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 1258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is intended to provide lawyers and businesses with an overview of the legal systems and processes in relation to arbitration in all the Arab jurisdictions in the Middle East and North Africa: Algeria, Bahrain, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, Saudi Arabia, Sudan, Syria, Tunisia, United Arab Emirates, Yemen, In addition, there will be a chapter on Muslim arbitration law (Shari'a), the Amman Arab Convention on Commercial Arbitration (1987) and the Riyad Arab Convention on Judicial Cooperation (1983). The new edition will be completely revised, updated, and expanded, providing commentary, an overview of case law, and translations of the relevant statutes. Each chapter will follow the same outline to ensure that they are as consistent and comparative as possible and will cover (but not be limited to) issues such as: the legal and judicial system, the agreement to arbitrate, the arbitrators, the proceedings, arbitral awards, the enforcement of the award, and the means of recourse.

Download or read book Report on the Law and Practice of Arbitration in Saudi Arabia written by A. J. van den Berg and published by . This book was released on 1983* with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Commercial Arbitration in Saudi Arabia written by Ahmed Altawyan and published by . This book was released on 2018-10 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive analysis of the new Saudi Arbitration Law of 2012, presented by a scholar and practitioner equally educated and fluent in Islamic Sharia, Saudi law, as well as U.S. and international business and trade law.Readers will learn how Islamic Sharia has always included and indeed promoted mediation and arbitration as less confrontational ways of settling disputes. Against this background, it may be surprising that the Saudi judiciary has at times struggled with providing support services for arbitration procedures and enforcement of international awards. The 2012 Law was designed to change this and the book provides a careful comparison of its provisions with international arbitration law as embodied in the UNCITRAL Model Law, the ICC Rules, the LCIA Rules, IBA Rules on Taking of Evidence, and other rules and standards. Dr. Altawyan also explains the consequences of applying Saudi law, including Islamic Sharia as the foundation of Saudi law, to international commercial contracts and arbitration agreements. His conclusions show that Saudi Arabia has taken giant steps forward in its quest toward becoming a modern and investor friendly place for doing business, while also preserving its Islamic heritage and faith. In the same spirit, the author gives clear-eyed recommendations for further evolution of Saudi arbitration law and what international business partners and investors have to do to protect themselves against misunderstandings and surprises in the meantime.The book is completed by English versions of the Saudi Arbitration Law of 2012 and the Execution Law to the Arbitration Law of Saudi Arabia.Summary of ContentsIntroduction1. The Legal and Commercial Background of Arbitration in Saudi Arabia2. The Legal System of the Saudi Judiciary and its Potential Effects on Reinforcing and Enforcing Commercial Arbitration3. Arbitration in Saudi Arabia Under the New Arbitration Law in Comparison to International Arbitration Rules4. Arbitral Awards Between Saudi Law and International Rules5. Choice of Saudi Law as the Applicable Substantive Law and the Impact on International Commercial Arbitration Agreements6. The Development of Saudi Arbitration in Light of the Needs and Customs of the International Commercial and Business CommunityAnnexes

Download or read book Saudi Law and Judicial Practice in Commercial and Banking Arbitration written by Abdulrahman Baamir and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis examines various issues of arbitration law and practice in relation to the Islamic Shari'a law and the law of Saudi Arabia in general, and for arbitration in conventional banking disputes in particular. The thesis found that the Shari'a regulates arbitration tightly compared to other contemporary developments as no fundamental differences were found to exist between the classical Shari'a arbitration rules and the Saudi arbitration regulations, which represent the codification of the Hanbali law of arbitration. Unlike other arbitration laws, almost all kinds of disputes can be settled by arbitration in Saudi Arabia, and these include family and some criminal disputes such as murder and personal injuries. Moreover, this thesis demonstrates the difference between Islamic law and Saudi law. The latter is more comprehensive as it includes Islamic law and the borrowed Codes and Acts of the laws of other nations. The legal status of banking interest under the Saudi law is not clearly defined and it is not clear whether riba contradicts with the public policy of Saudi Arabia or not. This uncertainty has an impact on arbitration related to banking disputes and has led me to conclude that arbitration is not the best method for settling disputes involving domestic conventional banking business. Although resorting to the Committee for the Settlement of Banking Disputes of SAMA might provide a better solution, the decisions of the Committee are not "strong" enough to be fully enforced and the payment of interest continues to be an avoidable obligation in Saudi Arabia; therefore, the thesis examined the alternative remedies for both domestic and international banking arbitration. The thesis also found that if the enforcement of an international arbitration award is sought in Saudi Arabia, the award will be subject to the mandatory application of Shari'a law, which in addition to the imposition of interest, prohibits also certain kinds of commercial contracts.

Download or read book Islamic Law and International Commercial Arbitration written by Maria Bhatti and published by Routledge. This book was released on 2018-09-27 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the intersection between contemporary International Commercial Arbitration and Shari?a law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari?a, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shari?a and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the ‘Shari’a Standards’ developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.

Download or read book A Critical Study on How the Saudi Arbitration Code Could Be Improved and on Overcoming the Issues of Enforcing Foreign Awards in the Country as a Signatory State to the New York Convention written by Abdulrahman Saleem and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is essential for developing countries, including Saudi Arabia, to reform investment related regulations and laws, especially those related to arbitration. Sharia law in Saudi Arabia causes major concerns to foreign investors as it differs considerably from western legal systems. Therefore, the processes of arbitration and outcome are suffering from uncertainty and ambiguity. This essay will answer the question of how the Saudi government could encourage foreign investors through improving the current arbitration law. In reaching a conclusion on the necessary improvements, three main aspects will be analysed in the Saudi Arbitration Act which are finality of awards, choice of arbitrators and the authority to enter into arbitration agreements. Another important aspect will be discussed is the enforcement of foreign awards as a contracting state of the New York Convention. In conclusion, it is found that the Arbitration Code has several deficiencies that would concern foreign investors. Recommendations on how to develop the law will be given in order for the arbitration law to serve its purpose that is to create a legal certainty and security regarding dispute settlement.

Download or read book Practitioner s Guide to Arbitration in the Middle East and North Africa written by Essam Al Tamimi and published by Juris Publishing, Inc.. This book was released on 2009-09-01 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Practitioner's Guide to Arbitration in the Middle East and North Africa is the culmination of the real experience and expertise from those experts and authorities directly involved with arbitration in their respective countries. The book is the first of its kind to target the Mena region specifically and is essential for anyone working in the area of arbitration both in the Middle East and world-wide. The practice of arbitration of private disputes is not new to MENA countries. Arbitration has long been recognized as a legitimate and culturally accepted practice of dispute resolution, dating back to dispute resolution practices of the early Islamic period, and even the pre-Islamic era. International commercial arbitration, and its cultural and juridical acceptance, is a more recent and complex phenomenon nonetheless on the rise in MENA countries. It is now standard for arbitration clauses to be included in contracts governing international transactions and there is a growing consensus among MENA merchants engaged in international trade, along with their commercial counterparts in the rest of the world, that international arbitration is preferable to litigation in domestic courts for purposes of resolving private commercial disputes. While subject to some qualifications and restrictions in some instances, in many, if not most, MENA countries, arbitration clauses can be included in contracts with government entities engaging in commercial transactions. Additionally, conferences, seminars, and training programs in international arbitration are on the rise, and various international arbitration centres have been established. The advantages from the perspective of private parties are tremendous: Parties can elect which law will apply to disputes arising from their transactions, and they can remove themselves from the constraints and biases of parochial attitudes in national courts. There is also an increasing acceptance by national courts of international arbitration standards, such as the principle of Kompetenz-Kompetenz, recognising the right of arbitrators to decide their own jurisdiction and the separability of the arbitration clause. More frequently, courts are granting assistance and support to international arbitrations and are more receptive to enforcing foreign awards. This book is a comprehensive guide to arbitration in Algeria, Bahrain, Egypt, Iran, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Sudan, Syria, Tunisia, UAE, and Yemen. Written in question/answer format by leading practicioners and firms from the region, it elicits the most salient features of the legal framework for arbitration and international arbitration in each of the respective countries.

Download or read book Shari a Law in Commercial and Banking Arbitration written by Abdulrahman Yahya Baamir and published by Ashgate Publishing Company. This book was released on 2010 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shari'a Law in Commercial and Banking Arbitration provides a general introduction to the Saudi law and to the main principles and sources of Islamic Shari'a, on which Saudi law is based. It explores uncertainties resulting from the current system, such as the payment of interest, and examines possible alternative remedies for both domestic and international banking arbitration. It will be key reading for anyone interested in business and commercial law.

Download or read book The Saudi Arabia Arbitration Regulations in Commercial Disputes written by Daryen Ahmed Alasmari and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Saudi Arabian Arbitration Regulations written by Albara A. Abulaban and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Arbitration with the Arab Countries written by ʻAbd al-Ḥamīd Aḥdab and published by Springer. This book was released on 1999 with total page 1030 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arab arbitration law has moved beyond the crisis caused by the controversial ARAMCO and Abu Dhabi awards. The past decade has witnessed widespread changes in Arab arbitration law, including the modification of arbitration laws by a number of Arab countries, the creation of several new arbitration centers in these countries, and the accession by most Arab countries to the New York Convention. Arbitrators and other practitioners whose work deals with one or more Arab states and academics involved in the study of Arab arbitration law need a complete resource that ties together the multiple components of law in this area. Arbitration with the Arab Countries supplies this resource, setting out the evolution of Arab arbitration law and offering an exhaustive commentary on the law and practice of arbitration throughout the Arab world and exploring some of the remaining problems and hidden truths in the field. Its practical features include: an introduction to and explanation of the concepts of arbitration in Moslem law coverage of several pan-Arabic conventions on Arab and international arbitration a view of the state of the law in each relevant country Arbitration with the Arab Countries allows the user to look up the arbitration systems and practice of a particular country while also contributing to a deeper understanding of the influences of Moslem law in this area generally. Practitioners and academics will appreciate its completeness and insight.

Download or read book A legal guide to doing business in Saudi Arabia legal and practical advice on company regulations labor tax finance and dispute resolution written by Amgad T. Husein and published by . This book was released on 2013 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Saudi Arabia has attracted investment from companies of all sizes-from closely-held companies to multinational conglomerates in the energy, defense, healthcare, finance and other sectors. What these companies have in common is a plethora of business opportunities, government contracts and widespread demand for goods and services. At the same time, doing business in Saudi Arabia can be riddled with challenges, including laws in a constant state of flux, the lack of binding judicial precedent and key regulations that remain unpublished. These challenges highlight the need for a clear guide that explains Saudi law not only as it is written, but also as it is applied. This need is fulfilled in the present volume. Beginning with a general introduction to Islamic law (Shariʿa), this Legal Guide outlines the many legal aspects of doing business in Saudi Arabia, from trade, agency and distribution to government tenders and procurement, labor law, mergers and acquisitions. The book, providing an overview of laws such as tax and privacy regulations applicable to all companies, concludes with a discussion of arbitration, litigation and other forms of dispute resolution available in Saudi Arabia.

Download or read book Arbitral Award Given on 23 August 1958 written by Arbitration Tribunal (Lucerne) and published by . This book was released on 1958 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The rules of procedure of commercial arbitration in the Kingdom of Saudi Arabia written by Fahad Ahmed Mohammed Abuhimed and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Saudi Arabian arbitration law in the international business community written by Torki Abdulah Al-Shubaiki and published by . This book was released on 2003 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: