International Arbitration and the Islamic World: The Third Phase

Brower, Charles N.; Sharpe, Jeremy K.

doi:10.2307/3109849

Cited by 34 publications

(13 citation statements)

References 7 publications

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“…114 The lex arbitri, the proper law of arbitration, also has an impact on whether the dispute is arbitrable or not as well as the issues of fraudulent activities in the formation of the arbitration agreement and corrupt practices. 115 It has been observed that refusal of enforcement is a crucial factor in the recognition and enforcement of arbitral awards in Kuwait based on issues such as reciprocity and whether the arbitral award is consistent with international law and Kuwaiti law. 116 The procedures that are to be considered when enforcing and recognising a foreign arbitral award 117 have also been noted to be important.…”

Section: Resultsmentioning

confidence: 99%

The Enforcement of Foreign Arbitral Awards in the GCC Countries: Focus on Kuwait

Badah¹

2014

ILR

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Kuwait is a member country of the Gulf Cooperation Council (GCC). As with the other countries in the GCC, Sharia law informs its laws. The use of the New York Convention (NYC) to resolve disputes has come into conflict with Sharia law if the choice of law is from another system of laws. This means that Kuwait has followed the procedures of the NYC, under the principle of reciprocity, as the main ground for disqualifying enforcement of foreign arbitral awards in Kuwait.The legislation and practices that guide the enforcement and recognition of foreign arbitral awards are not only limited to the international standards under the NYC and the United Nations Commission on International Trade Law (UNCITRAL) Model Law. The domestic laws adopt the international standards as well as incorporating the reservation clauses and the reciprocity aspects. The article also seeks to elucidate the grounds that do not inform the enforcement of foreign arbitral awards. These include procedural and substantive technicalities that arise from non-adherence to the law, the competency of the arbitrators, the legality of the arbitral awards, as well as other stipulations in the Code of Civil and Commercial Procedure (CCCP). This article examines the application of arbitral law in the Middle East and how effective this is in settling trade disputes. A broader perspective will also be taken as this article will consider the issues that have been associated with the application of arbitral law in preference to conservative land laws in the region.The place of arbitral awards that are rendered abroad is also a focus of the article, as are the procedures and conditions that are considered in enforcing them in Kuwait. Arbitrability and non-arbitrability of foreign arbitral awards is also examined based mainly on the choice of law or where the arbitral award is from a country that does not enforce or recognise arbitral awards declared against it.

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Section: Resultsmentioning

confidence: 99%

The Enforcement of Foreign Arbitral Awards in the GCC Countries: Focus on Kuwait

Badah¹

2014

ILR

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“…90 Partasides and Fullelove (2010), 1 (4); cf , 511 (512). 91 Brower and Sharpe (2003), 643 (648); , 565 (571); McIlwrath and Savage (2010), 23-24 para 1-031; cf , 511 (512). 92 Mentioned reasons and additional benefits, in: Wood (2007), 575 (578).…”

Section: International Commercial Arbitration and Domestic Courtsmentioning

confidence: 99%

“…172 Bagner and Dandenell (2010), 123 (137). 173 Brower and Sharpe (2003), 643 (653) Its main goal is to support the progress of economic development within Africa and the Middle East. 181 The arbitration is mostly according to UNCITRAL Rules, with the influence of Egyptian culture and arbitration traditions.…”

Section: Cairo Regional Centre For International Commercial Arbitrationmentioning

confidence: 99%

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Investing into North African Solar Power

Gömmel

2015

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“…This has been mainly attributed to the oil boom in the Arab world and the consequential contractual disputes that emerged (Brower and Sharpe, 2003). So many comparative studies have been conducted on this aspect of dispute resolution.…”

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confidence: 99%

Sharī‘ah court-annexed dispute resolution of three commonwealth countries – a literature review

Oseni

2015

International Journal of Conflict Management

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Purpose -The purpose of this study is to examine the legal framework for court-annexed dispute resolution in courts with Sharī'ah jurisdiction in Nigeria, Malaysia and Singapore. The major part of the study is dedicated to propose reforms in the administration of justice system in the courts with Sharī'ah jurisdiction in Nigeria and the relevance of such reforms to the ongoing reforms in the Middle East and North African (MENA) countries. Design/methodology/approach -This is an integrative literature review, which adopts a comparative approach in analyzing the conceptual framework of amicable dispute resolution in the modern world with particular reference to the Sharī'ah court. Findings -The findings of this research illustrate the adaptability of the practices in Malaysia and Singapore in the courts with Sharī'ah jurisdiction in Nigeria and the MENA region. Practical implications -An exposition of the dispute resolution processes in Islamic law reveals the relevance of these processes in modern reforms of the administration of justice system. The practical implications of this study include the streamlining of the rules and procedures of modern Sharī'ah courts in post-revolution Arab countries to allow for court-annexed amicable (alternative) dispute resolution initiatives. Originality/value -As far as it is known, this is the first conceptual study on the court-annexed dispute resolution frameworks of Sharī'ah courts in three commonwealth jurisdictions.

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International Arbitration and the Islamic World: The Third Phase

Cited by 34 publications

References 7 publications

The Enforcement of Foreign Arbitral Awards in the GCC Countries: Focus on Kuwait

The Enforcement of Foreign Arbitral Awards in the GCC Countries: Focus on Kuwait

Investing into North African Solar Power

Sharī‘ah court-annexed dispute resolution of three commonwealth countries – a literature review

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