Articles and Case notes
|
Page |
1/
Articles Lebanon |
|
11 |
1-
Control on arbitral awards through the exequatur, By Ghaleb
Ghanem. |
|
14 |
2-
Control on arbitral awards contrary to public policy. By Chucri
Sader |
|
18 |
3-
Dispute resolutions method in procurements goods (Lebanese Law). By Ibrahim Najjar. Arab countries |
|
26 |
4-
The new Egyptian law on civil and commercial arbitration, By Abdul-Hamid El Ahdab. |
|
48 |
5-
Reflections on arbitration law in Tunisia. By Omar El Sharif Ali. |
|
52 |
6-
Case law on arbitration in the Sultanate of Oman and other Arab countries, By
Fadi Moghaizel.
|
|
56 |
7-The
arbitration clause in international commercial agency, By Nathalie Najjar |
6
1- Recognition and enforcement of foreign arbitral awards : by Jacques HAKIM
14
2- Arbitration in integrated economic agreements: by Mohammad BEN SEOUD
AL-SAYARI
22
3- Enforcement of foreign court decisions and foreign arbitral awards in
Jordanian Law, by Hamze HADDAD
29
4- The authority of courts in arbitration cases: by Hussein Mustapha FATHI
N° 3
Conference
of Beirut (17-19 December 1996)
Foreword
1.
Prior to the Conference : Ceremony of signature of the
Cooperation Protocol
5
- Cooperation Protocol between the Lebanese Arbitration Association and the Kuwaiti Ministry of
Justice.
5 - Cooperation Protocol between the
Lebanese Arbitration Association and the Cairo Regional Center of International
Commercial Arbitration.
6 - Speech of H.E. Me Chafic
WAZZAN.
7 - Opening Speech and presentation of the
Speakers by Mr. Ziad HAMADEH.
8 - Speech of R.P. Paul AKL.
II
- Opening Session of the Conference under the patronage of His Excellency
the President of the Lebanese Republic.
9
- Speech of His Excellency Mr. Elias HRAOUI.
10
- Opening Speech and presentation of the Speakers by Mr. Mohammad Amine EL
DAOUK.
11
- Speech of His Excellency Dr. Ahmad Ismat ABDUL
MEGUID.
13
- Speech of M. Elias HANNA.
15
- Speech of M. Assaad DIAB.
16
- Speech of M. Samir ABILLAMAH.
17
- Speech of M. Abdul Hamid EL AHDAB.
19
- Speech of M. Salah Al HOUJEILAN.
20
- Speech of Mr. Ibrahim CHIHA.
First
Panel : The different types of arbitration in the Arab Countries :
1
- The different types of arbitration in the Arab Countries, by Sir Michael Kerr
(E).
5
- Critical comparative study of the arbitration procedure in the Arab Countries
(E), by Mr. Chebli MALLAT.
21
- Maritime Arbitration in the Arab Countries, by Mr. Hani DOUEYDAR.
22
- History of Arbitration in the State of Kuwait. Comparative Study, by Mr.
Nasser El-NASRALLAH.
Second
Panel : The selection of the arbitrators.
8
- Questionnaire, by Philippe FOUCHARD (F).
9
- The selection of the arbitrators (F), by Mr. Hamid
AL-ANDALOUSSI.
29
- The arbitrator's neutrality, by Mr. Wael TABBARAH.
31
- The selection of the arbitrators, by Mr. Yehia
EL-GAMAL.
36
- The freedom in the selection of the arbitrators in Lebanese Law, by Hilmi HAJJAR.
12
- The selection of the arbitrators and the Arab legislations (F), by Mrs. Nayla COMEIR OBEID.
Third
Panel : Enforcement of arbitral awards.
40
- Enforcement of international arbitral awards. A problem, by Ibrahim NAJJAR.
14
- Arbitration and mandatory rules (F), by Mr. Pierre GANNAGE.
17
- The conditions of recognition in Lebanon of an international arbitral award
in matters of commercial representation (F), by Mr. Joe ISSA EL KHOURY.
20
- Exequatur procedures in the Arab Near East Countries (F), by Mrs. Nouhade RIZKALLAH.
42
- Incidents of enforcement of arbitral awards in the Arab countries, by Mr. Béchir BILANI.
45
- Powers of the judge of the exequatur, by Mr. Rafa't
MIKATI.
Fourth
Panel : Euro-Arab Arbitrations : an evaluation
22
-
Introduction to the discussion (E), by Mr. Giorgio Bernini.
25
- Euro-Arab Arbitration : evaluation and perspectives(F), by Mr. Hadi SLIM.
47
- Evaluation of Euro-Arab Arbitration, by Mr. Mazhar
AL-AMBARI.
49
- Evaluation of Euro-Arab Arbitration, by Mr. Abdul Hamid
EL-AHDAB.
51
- Euro-Arab Arbitration : reality and perspectives, by Mr. Sélim
Jreissati.
29
-General Report (F) By Mr. Yves Guyon.
54
- The recommandations
N° 4
I/
French Part
A/
Articles :
1-
The new English Arbitration Law, By Eric Robine
2-
Comments on the ICC award in the case No 7418/95, By Fady
Ziadé.
B/
Arbitral Awards :
1-
ICC award in the case No 7418/95.
2-
ICC awards concerning commercial agency.
II/
English Part :
A/
FIDIC :
-
Dispute Resolution under the FIDIC Conditions of Contract, By Duncan Kirby Arics.
B-
Egypt :
1-
Note on two issues arising from the Arbitration Law No 27 for the year 1994, By
Ali El Shalakany.
2-
Some reflections on the new trends in the Field of International Commercial
Arbitration, By M. Aboul Einein.
III/
Arabic Part :
A/
Articles :
1-
Bahrain :
Recognition
and enforcement of foreign arbitral awards in Bahrain under New York Convention
of 1958, By Salah Ahmad Al Midfaa.
2-
Egypt :
a-
Reform of the dispute resolution procedures in civil and commercial matters, By
Mohammad Fathi Naguib.
b-
The standard arbitration agreement and its inclusion in different banking
contracts, By Narimane Abdel Kader.
B/
International Conventions
1-
The amendment of the Lebanese-Syrian Convention concerning recognition and
enforcement of arbitral awards, By Abdo Jamil
Ghossoub.
2-
Introduction to the dispute resolution procedure organized under the World
Trade Organization, By Hussein Moustafa FATHI.
SPECIAL ISSUE:
The Kuwait International Commercial Arbitration Conference. (April 27 th
- 23th 1997).
-
Speech
of the deputy prime minister and foreign minister recited by minister of
justice, by Mohammed Dheaf Allah Sharar.
-
International
arbitration and its impact on promoting investment and capital inflow. (A) by
Giorgio Bernini.
-
Legal
regulation forms of the international commercial arbitration, regarding the New
York convention and the national law. (A) by Simeon Sahaydachny.
-
International
arbitration and its impact on promoting investment and capital inflow. By Samir Abillama.
-
The
international arbitration impact on investment and capital inflow. (F) by Bruno
Leurent.
-
Arabic
summary of the report
-
Cases
in the making of arbitration conventions in the investment conventions and the
dual power projects. By Richard Kreindler.
-
Arbitration
procedure: steps and practical considerations. (A), by Axel Baum.
-
International
arbitration and its impact on promoting investment and capital inflow. By
Mohammed Amin Daouk.
-
International
arbitration in Lebanon and its role in the settlement of trade and investment
disputes. By Ibrahim Najjar.
-
The
international arbitration in the islamic "fuqh" in the trade and investment fields. By Ali Bin Khames Al Alawi.
-
English
summary of the report
-
Some
important aspects of international arbitration in the settlement of trade
disputes in the french equity trading regulation in
the 16th century. (A)
by Claude Bessard.
-
The
jurisdictionnal control in the international
arbitration field. (F) by Simone Rozes.
-
Arabic
summary of the report.
-
International
arbitration and its role in the settlement of trade and investment disputes.
(A) by Soon Woo Lee.
-
Some
ideas and impressions on the international center for the settlement of
investment disputes (ICSID). (A) by Brigitte Stern.
-
International
arbitration and its role in the settlement of trade and investment disputes;
the Cairo Regional Center for international commercial arbitration experience.
By Mohammed Abul Enein.
-
The
latest developments in the settlement of international construction agreements
(the FIDIC agreements experience). By Ahmad Sharaf
Al-Din.
-
The
maritime disputes in the region of the Middle- East and the importance of
international arbitration. (A) by Mario Riccomagno.
-
International
arbitration and its role in the settlement of trade and investment disputes.
(A) by Jacques Werner.
-
International
arbitration and the settlement of the B.O.T. projects disputes. (A) by Fritz Nicklisch.
-
Preparing
international arbitrators for the settlement of trade and investment disputes.
(A) by Werner Melis.
-
Preparing
international arbitrators to deal with commercial and investment disputes. (A)
by John Murray.
-
The
I.C.C. arbitration rules for 1998. (A) by Christopher Seppala.
-
The
pratical problems facing international arbitration
and recommended remedies : disputes involving states or state entities. (A)
by Jean-François Bourque.
-
The
pragmatic problems facing the development of arbitration in the fields of
international trade and
investment and its solution ways. (F) by Jean Louis de Grandcourt.
-
The
settlement of the commercial disputes in company mergers and acquisitions. By
Bernardo M. Cremades.
-
The
importance of international commercial arbitration and the problems resulting
from the execution of
arbitral awards according to the 1958 New York convention and the UNCITRAL law
of 1985 and the situation in the Gulf. By Hussein Mohamad
Al Baharna.
-
The
practical problems of international commercial arbitration and its remedies. By
Abdel Hamid Al Ahdab.
-
International
commercial arbitration and its impact on trade and investment; the practical
problems related to trade and investment and its remedies. (A) by Sir Michael
Kerr.
-
The
role of the Kuwait Chamber of Commerce and Industry in the field of local and
international commercial arbitration. By Ibrahim Moustafa
Makarem.
-
Regular
arbitration and jurisdictionnal arbitration in the
Kuwaiti's law. By Sayed Ahmad Mahmoud.
-
Some
problems of the jurisdictionnal arbitration according
to the law n°11 of 1995 and remedies. By Mohamed Al Moukateh.
-
The
possibility of arbitration in the administrative agreements; a comparative
study of the Kuwaiti's regulations and some other regulations. By Mohamad Majed Mahmoud.
-
The
arbitration in the investment conventions between Kuwait and other countries.
By Tohmé El Choumari.
-
Conference
recommendations.
1
- New rules of the A.A.A.: reflecting international trends, by Charles
MOLINEAUX.
2
- The arbitration clause in Lebanese administrative contract, by Ibrahim
NAJJAR.
ENGLISH AND FRENCH PART
Foreword
of the English Volume.
Analytical
Tables.
Part I : ARTICLES
8
- Arbitration Under the GCC Commerial Arbitration
Center. Rules in the Context of Banking and Finance Disputes, by Richard
KREINDLER.
19
- The New Arbitration Rules of the I.C.C. : A New Modern Institutionel Arbitration, by Michel SOUMRANI.
Part II :
LEGISLATIONS AND ARBITRATION RULES
22
- Arbitration Rules of the International Chamber of Commerce, In Force Since
January Irst, 1998.
33
- Egypte : Law N° 9/1997 (Arbitration and
administrative Contracts).
ARABIC PART
3
Foreword of the Eighth Volume.
Part I :
ARTICLES
-
LEBANON :
5
Arbitration in Lebanses Law, by Chafic
WAZZAN.
-
SULTANATE OF OMAN :
9 Arbitration in the Sultanate of Oman, by Abdel Hamid
El Ahdab.
-
EGYPT :
27 Tendencies of the Egyptian Case-law in the Application of The Law N°
97/1994, by Ali AL CHALAKANY.
- SAUDI ARABIA :
41 Arbitration in Saudi Arabia and the Enforcement of Awards, by Maged Mohammad KAROUB.
-
SYRIA :
46 Recent Tendencies of Arbitration in Syria, by Mazhar
ANBARY.
-
TUNISIA :
50 Thoughts on Some New Development in internation
Arbitration in Tunisia, by Mohammad Fayçal BEN
JAAFAR.
-
IRAK :
52 Arbitration in Irak in Few Lines, by Faouzi Mohammad SAMI.
-
FIDIC :
54 The Committee for Dispute Resolution substituted to the Engineer in the
version of 1996 (4th edition) of the Condition of the FIDIC Contract on Civil
Engineering Works, by Jamaleddine NASSAR.
COMPARATIVE
LAW
The System of Disclosure, by Salah Ahmad EL MADFAA.
|
|
|
|
EGYPT |
|
|
5 |
-
Recent developments in Egyptian arbitration law, by Mahmoud
Ali SHARKAOUI |
|
15 |
-
The power of arbitrators to request temporary measures in Egyptian law, by Fathi WALI. |
|
LEBANON |
|
|
19 |
-
Arbitration in banking contracts, by Ibrahim NAJJAR. |
|
26 |
-
Principles governing arbitration procedure and the law of evidence. by Abdul Hamid EL AHDAB |
|
35 |
-
Arbitration and procedure of special urgency, by Fayez HAGE CHAHINE
|
|
SECOND SECTION: COURT
DECISIONS |
|
|
-A - LEBANESE COURT DECISIONS |
|
|
39 |
-
Legality of arbitration in State Contracts |
|
43 |
-
The award |
|
50 |
-
The second advice of the President Sami AOUN |
|
50 |
B - ARBITRATION AWARDS |
|
52 |
-
Leasing |
|
63 |
-
Lease contract |
|
SUMMARY OF THE SECTION IN ENGLISH
AND FRENCH |
|
|
9 |
-
The administration of Arbitration under the Rules of the London Court of
International Arbitration ("LCIA"). by Adrian WINSTANLEY. |
|
50 |
-
The second advice of the President Sami AOUN |
|
50 |
-
The second advice of the President Sami AOUN |
FIRST
SECTION : ARTICLES
SEMINAR
OF THE ASSOCIATION OF THE CERTIFIED CHARTERED ACCOUNTANTS ON COMMERCIAL
ARBITRATION
5
- Speech of the Chairman Adnan EL-KASSAR.
6
- Speech of Dr. Moaffak EL-YAFI.
FIRST
PANEL: THE ARBITRATOR AND ITS MODE OF NOMINATION
7
- Should the arbitrator be a lawyer ? by Chucri
SADER.
10
- May the Chartered Accountant be sole arbitration ? by Moaffak
EL-YAFI.
14
- The nomination by the arbitrator of a Chartered Accountant, by Ibrahim
NAJJAR.
SECOND
PANEL: THE CONDUCT OF THE ARBITRATION PROCEDURE
18
- The Expert-Arbitrator, by Abdul-Hamid EL-AHDAB
29
- The expert appointed by the arbitrator, by Fayez HAGE CHAHINE
33
- The discussion of the expert report, by Mohammad WEHBE
35
- Enforceability of the arbitral award nominating an expert, by Elham ABDALLAH
THIRD
PANEL: THE ARBITRATION AWARD AND THE EXPERT REPORT
37
- To which extent is the arbitrator bound by the expert report? by Jean FAHD
40
- Liability of the expert designated by the judge or by the arbitrator, by Sami
MANSOUR
51
- Effects of the vices of the expert's report on the legal recourses against
the arbitration award, by Wael TABBARAH
LEGAL
NATURE OF THE TECHNIQUE "AGREED UPON PROCEDURES"
54
-The procedure, by Hikmat SLIM
56
- The legal qualification, by Muhieddine KAISSI 58 -
Legal Value of the expert's report, by Edgard
FAKHOURY
N° 11
5
- Reflections on the concepts of internal and international public policy in
commercial arbitration, by Ibrahim NAJJAR
11
- Commercial representation and arbitration in Lebanon, by Abdo
GHOSSOUB
-
Arbitration Award Enforcement: The Public Policy Exception, by Charles
MOLINEAUX
SUMMARY
OF THE SECTION IN ENGLISH AND FRENCH
7- Foreword
8 -1- Arbitration in Tunisia since the Code, by
Mohammed AMMAR.
13 -2- Arbitration in the Insurance field, by Jean
BIGOT.
17 -3- Economical Mutations and Arbitration in
Tunisia, by Abdeljelil BOURAOUI.
20 -4- Settlement of Disputes between exporters and companies
of inspection before expedition, by Jean-François BOURQUE.
27 -5- Ad hoc Arbitration and Institutional
Arbitration, by Michel Angelo CICOGNA.
31 -6- Modern trends in private disputes resolution
mechanisms in the world, by Pierre ESTOUP.
35 -7- Economical Mutations and Arbitration, by
Steven A. HAMMOD
39 -8-The Arbitration Seat, by Bruno LEURENT/ 42 -9-
Developments in International Comercial Arbitration,
by Habib MALOUCHE.
49 -10-Alternative Dispute Resolution Methods, by
Ibrahim NAJJAR.
52 -11- Arbitration in Air Law and Space Law, by
Patrice REMBAUVILLE-NICOLLE.
54 -12- General characteristics and specificity of
maritime arbitration in the Mediterranean Area, by Mario RICCOMAGNO.
58 -13- Time factor and Arbitration by Mauro
RUBINO-SAMMARTANO.
61 -14- Synopsis of the report on the Mediterranean
Court of Arbitration, By Alain VIDAL-NAQUET.
63 -15- Arbitration in the bilateral and
multilateral investment treaties, by Jacques WERNER.
I- ARTICLES :
A- ENGLISH SECTION :
8
- 1- Arbitration in the Arab World, by Louis G. HOBEIKA.
11
- 2- The Control of the Judge and Invalidation of the Arbitration Award, by
Michael KERR.
B-
FRENCH SECTION
16
- 1- Thoughts on Electronic Arbitration, by Jérôme HUET.
26
-
2- Effectivity of the Arbitration Award Regarding
Applicable Law to the Substance, by Michel SOUMRANI.
30
- 3- Canadian Law Applicable to the Substance of the Dispute, by Nabil ANTAKI.
C-
ARABIC SECTION :
7 a-
Lebanon :
-
1- Jurisdictional Control and the Recourse for setting Aside the Award, by Sami
MANSOUR
27
- 2- Jurisdictional Control on the International Arbitration
Award, by Sami AOUN
32
- 3- Applicable Law to the Substance of the Dispute, by F. HAJJ
CHAHINE
38
- 4- The Arbitrator’s Fees, General Comparative Study,by A. GHOSSOUB
b-
Comparative Law and International Law
45
-1 - Control of the Judge and the Setting Aside of the
Arbitration Award in Bahrein, by H.M.
Al-BAHARNAH
51
-2 - Control on the Arbitration Award by the Lybian
Judge, by M. ALEM
N° 16
SUMMARY
of volume 16
-
Foreword
I.
ENGLISH AND FRENCH SECTION
A.
ARTICLES
a-
IN ENGLISH
--1-
Recognition and Enforcement of Foreign Arbitral Awards in the U.S., by Don
WALLACE, Jr.
--2-
Reaching for the Applicable Law in Arbitration: Rules Imposed, Chosen and the
Customs of Commerce, by Charles MOLINEAUX.
--3-
Arbitration in China under the CIETAC Rules, by Jie
WANG.
--4-
Arbitrability in Islamic Law, by Omar ALJAZY.
b-IN
FRENCH
-The
Contentious Matter of the International Arbitration Clause…Does it Reflect the
Evolution of World Commerce? by Minas KHATCHADOURIAN.
II.
ARABIC SECTION
A.
ARTICLES
--1-
The Law Applicable to the Merits of the Dispute in International
Commercial Arbitration, by M. CHERKAOUI.
--2-
The State and Arbitration, by Hassan Tabet
RIFAAT
--3-
The State’s Recourse to Arbitration: Is it an Affirmation of its Sovereignty or
Its Negation? By M.A. WARFALI.
--4-
Note concerning the award of M. Tabbarah (Leasing),
by M. SOUMRANI.
I-
ENGLISH AND FRENCH SECTION
-
The Law applied by the Arbitrator: Some Reflections on Belgian Law, by Bernard
HANOTIAU.
A-
ARTICLES
-
Refections on International Arbitration by Sami B.
MANSOUR.
-
The State’s Capacity to Conclude an Arbitration Clause, by Rima
Sh. EL HOUT.
N° 18
I- ENGLISH AND FRENCH SECTIONS
- Arbitration in petroleum agreements, by Antonello
INDELLICATI.
-Toward a public international order, by Georges FLECHEUX.
-The internal judicial dispute over international investment in Lebanese
law, by Nasri DIAB.
- The law applicable to the substance of
the litigation which is imposed on the arbitrator: Rules chosen by the parties
and commercial usage, by Habib SLIM.
II. ARABIC SECTION
- The characteristics of arbitration in equity, by Ghaleb
MAHMASSANI.
- Provisional measures in Arab and International Arbitration—a comparative
study, by Abdo GHOSSOUB.
N° 19
I-
ENGLISH SECTION
-
Regulation of UNCITRAL arbitration By Tjaco Van Den Hout
-
Ad hoc
Arbitration, institutional arbitration and collaboration agreements between
arbitration centers, By Nabil ANTAKI.
II-
ARABIC SECTION:
-
Arbitration and investment, study and commentary of two decisions of the
Lebanese State Council of 17 July 2001 concerning two mobile telephone
companies. By Ghaleb MAHMASSANI.
-
Two decisions of the State Council and the curb on development in the matter of
investment, By Antoine BAROUD.
-
A different opinion on the subject of two judgments of the State Council, By
Abdel Hamid EL AHDAB.
-
Declaration of Prime Minister Rafic Hariri and
response of the former minister, Mr. Issam NAAMAN.
-
Reflections on the effect of arbitral awards with respect to the Lebanese
Syrian Convention, by Abdo GHOSSOUB.
N° 20
I-
ENGLISH SECTION
-
1- New Trends in Lebanese Case Law Relating to Arbitration, by Ayad KHALIFEH
-
2- The Compulsory Arbitration, by Abdul Hamid EL
AHDAB
II-
ARABIC SECTION
-
Compulsory International Arbitration,by Abdel Hamid EL AHDAB.
N° 21
FRENCH & ENGLISH SECTION
- Metaclad v.
Mexico: Investor Protection or Investor Predation?,By
Andrew SAID.
- Modern Trends in Alternative Dispute Resolution Methods in the Arab
Countries, By Nasri DIAB and Fadi
MOGHAIZEL.
ARABIC SECTION
- Enforcement of
Foreign Arbitration Awards in Saudi Arabia, by Nayef
bin Sultan AL-CHARIF.
- Right to Use
Arbitration in State Contracts and in International Commercial Agency. by Sami Badih MANSOUR.
N° 22
FRENCH
& ENGLISH SECTION
- Adequacy of Arbitration Regime in Settling
International Disputes, by Deming LIU
- The prohibition for the liquidator to submit to arbitration, by Ahmed OURFALI
ARABIC SECTION
- The new Jordanian Arbitration Law, by
Abdul Hamid AHDAB
- The Arbitration Agreement in the Jordanian Arbitration Law n°31 of 2001, by
Omar AL-JAZI
- The Principle of Contradiction in Domestic and International Arbitration,
by Sahar SHARAFEDDINE
N° 23
1- Arbitration in the agreements for the
promotion and protection of investments signed by Lebanon. by Carol KHOUZAMI
- The Law Governing Conflicts in the
Field of International Commercial Arbitration And the Consequences of
Non-execution in Egypt, By Okacha ABD EL AAL.
- Arbitration of Investment Contracts Litigation, By Omar Machhour
HADISSA EL JAZI.
- Parties agreement and the role of the arbitrator, By Abdo GHOSSOUB.
N° 24
FRENCH
& ENGLISH SECTION
-
Some reflections on the International Center for the Settlement of Investment
Disputes (ICSID), by Brigitte STERN.
-
Amendments of few articles of the Lebanese New Code of Civil Procedure by the
law n° 440 of july 29, 2002, by Abdel Hamid EL AHDAB.
ARABIC
SECTION
-
Comments on the Egyptian decisions n° 68/13C and 76/115C rendered on march 19
and february 17, 1999 by the 63rd commercial section
of the Cairo Court of Appeal, by Hafiza EL HADDAD.
-
Amendment of articles of the Lebanese New Code of Civil Procedure relating to
arbitration, by Abdo GHOSSOUB.
-
Amendment of articles of the NCCP relating to arbitration, Preparatory work of
the law n° 440/2002, by the Board of this Review.
A-
FRENCH & ENGLISH SECTION
- First applications of the ICC’s
conservatory and interim measures.
- Pre-arbitration injunction, by
Pierre TERCIER.
B- ARABIC SECTION
- Competence of the arbitrator and validity
of the contract, by Nadine KAISSI-TAYARA.
C- JUDICIAL AND ARBITRAL NEWS:
- Securitization of the assets,
by N. DIAB and I. BOUSTANY.
II- ARABIC SECTION:
- Arbitration convention and
applicable law on international administrative contracts, by Hafiza EL HADDAD.
- The arbitration convention and the
condition of the amount provisionally allocated by the referee judge or by the
arbitrator, by Fayez HAGE CHAHINE.
- Arbitration in Islamic Law, by Hamzé HADDAD.
- « Renvoi »
after cassation ? Reflexion on the judgment n°
11/2003 rendered by the Supreme Court on January 21st, 2003,by Nasri Antoine DIAB.
-
Nathalie NAJJAR, Thesis review: Arbitration
in the Arab Countries Facing International Trade Requirements, by Nabil ANTAKI.
N° 29
FRENCH
& ENGLISH SECTION
- Arbitrator’s independence and impartiality, by Thomas CLAY.
- The arbitrator, by Thomas CLAY.
- Online dispute resolution, by Nadine KAÏSSI-TAYARA.
ARAB SECTION
- ICSID convention of March 18, 1965,by Abdel Hamid
EL AHDAB.
- Guarantees for the tribunal’s independence, by Anthony ISSA EL-KHOURY.
- Perspective on Arbitration of Patent Disputes, by Deming LIU.
- Intellectual Property and ICC Arbitration, by Mireze
PHILIPPE.
- The role of
Egyptian courts in the application, explanation and amendment of the new
Arbitration Law, by Dean Hafiza HADDAD.
-
Contradictions between judgments and arbitration awards – Comparative study, by
Abdo Jamil GHOSSOUB.
FRENCH
& ENGLISH SECTION
- Added value of administrative mediation in
the judicial methods of dispute resolution, by Marie José CHIDIAC.
- First Eagle SocGen Funds and Others v. Bank for
International Settlements. Final Award of September 19, 2003. Annotated by
Roland ZIADÉ.
ARABIC SECTION
- Introduction to the general principles of arbitration, by Waêl
TABBARAH.
I- ENGLISH AND FRENCH SECTION
- Investment arbitration in the field of contract and treaty, private and
public interests, by Gabrielle KAUFMANN-KOHLER.
- The adoption of the UNCITRAL model law by Egypt and Tunisia: A comparative
study, by Zouhdi YAKAN.
II- ARABIC SECTION
- Arbitration ex aequo et bono; the amiable compositeur’s competence, by Ibrahim NAJJAR
FRENCH
SECTION
- Judicial
Mediation, by Lara SAADÉ.
ARABIC SECTION
- The public policy
as an obstacle to the execution of arbitration awards in Lebanon: flexibility
in practice, by Sami Badih MANSOUR.
- The
authority of the arbitrator in deciding of the arbitration’s procedure, by Abdo Jamil GHOSSOUB.
N° 34
FRENCH
& ENGLISH SECTION
- The potential of
Lebanon as a neutral place for international arbitration, by Walid KASSIR.
- A view on the
Cairo Court of Appeal Case-Law in Commercial and International Arbitration,by Borhan AMRALLAH.
- Immunity of
Jurisdiction, Fundamental Right of Access to Justice and Arbitration,by
Nasri Antoine DIAB.
ARABIC SECTION:
- The Arbitral
Award, by Ahmad AL OURFALI.
- The
Arbitration Clause and the Lease Contract Concluded with an International
Organization, by Sami Badih MANSOUR.
N° 35
FRENCH
& ENGLISH SECTION
- Ad hoc
or institutional arbitration : a fundamental choice for the organization
of arbitration procedure, by Stefano AZZALI.
- The New
Arbitration Rules of the National and International Chamber of Arbitration of Milan,by Edoardo F. RICCI.
- The Support
of the Judge in Lebanese Law, by Hadi SLIM.
- The
Mediation: an encounter with internormativity, by
Marie-José CHIDIAC.
ARABIC SECTION:
- Suspension
of execution according to the article 577 N.C.C.P. and the Court of cassation,
by Mouhib MAAMARI.
N° 36
FRENCH
& ENGLISH SECTION
- The language of
the arbitration in the absence of party agreement, By Sarah WAZEN.
- Interim measures
and arbitration in Lebanese law, By Hadi SLIM.
- Dispute boards and
ICC regulations, By Nasri DIAB.
ARABIC SECTION
- Ex aequo et bono arbitration, By Ibrahim NAJJAR.
- The
international commercial arbitration model law and the Egyptian law, By Hafiza AL HADDAD.
N° 37
ENGLISH
SECTION
- An introduction to the arbitration agreement in Peruvian law, by Carlos Matheus LOPEZ.
ARABIC
SECTION
- The role of the tribunals and the
arbitrator in interim and conservatory measures, by Ghaleb
MAHMASSANI.
- Arbitration and taxation law, by Abdo GHOSSOUB.
- Egyptian case-law trends relating to
enforcement of foreign arbitration awards under the New York Convention of 1958
and the Arbitration Model Law, by Bourhan AMRALLAH.
N° 38
FRENCH
& ENGLISH SECTION
- Qualification of
the arbitrators in the Middle Eastern Countries, By Ali RAHAL.
- BOOK REVIEW: Samir SALEH, Commercial Arbitration in the Arab
Middle-East, By Nathalie NAJJAR.
ARABIC SECTION
- Arbitration
under Sharia’ rules, By Khaled
AL YOUSSEF.
- From
arbitration to mediation: New method of alternative dispute resolution:
Mediation. By Abdel Hamid AL AHDAB.
N° 39
ENGLISH
SECTION
- International
Commercial Arbitration and the Protection of Investments,by
Bernardo CREMADES.
- Law and
Post-modernity, by Eduardo BITTAR.
ARABIC SECTION
- International
Commercial Arbitration: Uncitral rules, and Islamic Sharia’,by Khaled Amine YOUSSEF.
- Challenge of
the Arbitrator and Extension of the Time-limit in International Arbitration:
Commentary on Two Recent Decisions, by Nathalie NAJJAR.
N° 40
FRENCH
& ENGLISH SECTION
- The role of the "Umbrella
Clause" in Investment Protection Treaties,by
Nadine KAISSI-TAYARA.
-The Tenth Anniversary of the
Brazilian Arbitration Law, by Flavio Augusto PICCHI.
ARABIC SECTION
- The Arbitral Award, by Bourhan AMRALLAH
-
International Commercial Arbitration: Uncitral Rules,
and Islamic Sharia' by Khaled
Amine YOUSSEF.
- International
Arbitral Awards and the Lebanese Law: Interpretation and Correction, by Abdo Jamil GHOSSOUB.
- BOT Contract and
the public Service, Conflict Resolution Methods,by Ghassan RABAH.
- Effect and
Consequences of the Waival of the Right to Appeal
the Domestic Award, by Waêl
TABBARAH.
- Arbitration in
Commercial Agency Contracts and the Principle of Hierarchy of Rules of Law, by Hadi SLIM.
ENGLISH
SECTION
- Report of
the working group on arbitration and conciliation (forty-fifth session,
Vienna,11-15 September 2006).
- Settlement of Commercial Disputes:
Revision of the UNCITRAL Arbitration Rules.
ARABIC SECTION
- International
Commercial Arbitration: Uncitral Rules, and Islamic Sharia’, by Khaled
Amine Moustafa YOUSSEF.
-
Amendment of the UNICITRAL Rules,by Abdel Hamid AL AHDAB.
BOOK
REVIEW
- Écrits: Droit de l’Arbitrage, Droit du Commerce international, by
Philippe FOUCHARD.
- Enforcement of Interim
Measures in international Arbitration, by Hanaa Wehbé,
- Arbitration in the Arab Legislations, by Hamze HADDAD.
N° 42
FRENCH & ENGLISH
SECTION
6 - The Practice of
International Arbitration in Arab Countries final, Report, by Charles
JARROSON.
11- The Protection of
Foreign Investments in Lebanon, by Dany KHAYAT and Julien FOURET.
28- The choice of the
Arbitral judge, by Jacques EL HAKIM
31- The Legal
Nature of ICSID Jurisdiction and the Investor Nationality Requirements, Ration Personal,by Fares A. ZAATAR
ARABIC SECTION
6- Recourse against
the Arbitration Awards in the Arab Countries, by Sami MANSOUR.
N° 43
ENGLISH AND FRENCH
SECTION
- Enforcement of
Foreign Arbitral Awards in the Lebanese Law, by Mouhib
MAAMARI.
- The Legal
Nature of ICSID Jurisdiction and the Investor Nationality Requirements for
ICSID Jurisdiction, Ratione Personae, by Fares A.
ZAATAR
ARABIC SECTION
- International
commercial Arbitration : Uncitral rules and Islamic Sharia’, by Khaled Amine YOUSSEF.
- The Settlement of
Disputes Related to Intellectual Property in the Context of the TRIPS
Convention, by Abdallah Abdel Karim
ABDALLAH.
N° 44
FRENCH & ENGLISH
SECTION
- An Introduction to
Dispute Resolution in the United Arab Emirates,By
Victoria NEWBOLD.
- Arbitration
and Settlement of Disputes in China.
- Execution of Foreign
Arbitral Awards and the New York Convention in the Egyptian Case Law, By Borhan AMRALLAH.
ARABIC SECTION
- Settlement
of Disputes in BOT Contracts,By Nasser Ghanim AL ZEID.
- The Role of
the Dispute Resolution Board in the FIDIC Contracts,By
Ahmad CHARAFEDDINE.
N° 45
ENGLISH AND FRENCH SECTION
-
French Case-Law in International Arbitration (2006 – 2008), by Nadine ABDALLAH
and Jacques MESTRE.
-
The Immunity of the Arbitrator, by Ibrahim NAJJAR.
ARABIC SECTION
-
The Judicial Control of the Arbitration Awards, by Ghassan
RABAH.
ARABIC
SECTION
-
The New Moroccan Law on Arbitration
and Conventional Mediation, By Ibrahim AYSSAR
-
Arbitration in Morocco and Law n° 05
– 08n By Abdel Majid GHMIJA.
- International Arbitration and the
Resolution of Disputes Related to Investments, By Mohammad Al NASIRI.
-
Law n° 05 -08 on Conventional Mediation and Arbitration in Morocco. By Chamseddine ABDATI.
-
A lecture of the presidential order n˚569 in the file number 261/1/2008
issued by the commercial Tribunal of Casablanca on the 05/03/2008 on the
arbitral award’s exequatur, By
Riyad FAKHRI.
N° 47
FRENCH
SECTION
-
Comparison Between the Three Main Rules of Arbitration: ICSID, UNCITRAL and
ICC, By Roland Ziadé
-
The International Agreements Related to Investments Negotiated by Lebanon, By By Dany Khayat.
International
Arbitration and the Resolution of Disputes Related to Investments, By Mohammad Al NASIRI.
-
Law n° 05 -08 on Conventional Mediation and Arbitration in Morocco. By Chamseddine ABDATI.
-
A lecture of the presidential order n˚569 in the file number 261/1/2008
issued by the commercial Tribunal of Casablanca on the 05/03/2008 on the
arbitral award’s exequatur, By
Riyad FAKHRI.
Arabic Section
The
Effect of the Extension of the Arbitral Agreement to Third Parties, by Mahmoud Samir Al Charkawi.
The New Orientations of the International
Arbitration, by Nayla Comair Obeid.
–
The Mediation,by Zalfa
Hassan.
–
The Effect of the Extension of the Arbitral Agreement to Third Parties, by Ghaleb Mahmassani.
–
The UNCITRAL Rules and the settling of Disputes in the Arab Countries, The
Experiences of the Cairo Center for Commercial International Arbitration, by Mouhammad
Abdel Raouf.
–
Ex-eaquo et bono Arbitration by the Light of the
Provisions of the Lebanese Civil Code of Procedure, by Abdo Ghossoub.
French and English Section
- Arbitration and
Justice and the Role of the Arbitrator. By Geneviève
AUGENDRE.
- International
Arbitration and the Compensation of Moral Damages. By Julien
BURDA.
- The Arbitration
Clause and the Ethics of the Arbitrator. By Jean-Pierre Ancel.
- The Mission, the
Training and the Ethics of the Arbitrator. By Nathalie Najjar.
- The Constitution
of the Arbitral Tribunal: A View of the Tunisian Experience in Internal
Arbitration. By Sami BOSTANJI.
ARABIC SECTION
– The Arbitral Proceedings, by Nayla
COMEIR OBEID.
– The Experience of the Cairo Regional Center for Commercial
Arbitration. By Mouhamed ABDEL RAOUF.
French and English Section
- Mediation : Inventory in Lebanon and in France, by Charles
JARROSSON.
- Inspection on Mediation in Lebanon and in France, Ethical rules and
training of Mediators, by Johanna HAWARI.
- The Conventional Mediation : writing of clauses and other legal
difficulties, by Laurence KIFFER.
- Specificity of the role of the lawyer in Mediation, by Laurent
JAEGER.
- The Mediator : Training and appointment, by Jean-Pierre ANCEL.
- Specificity of the Role of the Lawyer in Mediation : the Example
of complex disputes, by Marwan ISSA
EL-KHOURY.
- The Developing of Mediation in Lebanon : Comparing ADR evolution
in Lebanon and Beyond, by Martin WAHLISH.
- Word by the Minister
of Justice
ARABIC SECTION
- The Lebanese Experience in the matter of alternative dispute
resolution, by Dr. Sami MANSOUR.
- The Mediation, Conciliation and Negotiation : Alternative Means
of Resolution of Commercial Disputes, by Dr. Muhieddine
KAÏSSI.
- The Mediation a Means of Preventing Disputes and Resolving them, by Georges
FEGHALI.
French and English Section
- The New Law on Arbitration in Syria, n° 4 of 25 March 2008, enacted on
the 1st May 2008, by Jacques El-Hakim.
- The Controle of the Ex-aequo et Bono Arbitrator’s Mission
–Recent Evolution of the French Law, by Eric LOQUIN.
ARABIC SECTION
- The Conflict of Laws Applicable by the Arbitrator in International
Trade Contracts, by Sami Badih MANSOUR.
- Ex-aequo et Bono Arbitration
by the light of the Provisions of the Emirati Civil Code of Procedure (Federal
Law n° 11, of 24/2/1992 – 21 Chaabane 1412 H, by Abdo GHOSSOUB.
- The Estoppel (or the Prohibition to
Contradict Oneself to the Detriment of Others) in Lebanese Law, By Marwan SAKR.
French
and english section
- “The principle of Autonomy of the Arbitration Clause in
Lebanese Law”, By Nathalie Najjar
ARABIC SECTION
- “The Judiciary
Control of the Arbitral Award: Between Duality and Uniqueness”, By Hafiza Sayyid HADDAD
- “The Role of the Judge and of the Arbitrator During the
Proceedings: Complementarities or Contradiction”, By Mayssam NOUEYRI
- “Resolution of Disputes Related to the Name of Internet
Sites and Commercial Brands”, By
Abdullah Abdel Karim ABDULLAH and Faten Hussein
HAWA
Summary of the thesis : ASSAF Rayanne
The thesis asks about the possibility to unify the juridical system of
internal and international arbitration conventions.
Following the appraisal, in a preliminary title, of the possibility as
well as the opportunity to adopt the same concept of autonomy for domestic and
international arbitration conventions, the present thesis studies the
conditions consolidation to constitute the arbitration convention and the rules
governing its application.
The first part (formation of the arbitration convention) studies the
possibility of consolidating the form and the content of the arbitration
convention formation (title I), as well as its extent (title II). The question
is to ask about the extent a movement to bring together the two systems, beyond
a simple harmonization of the solutions, may come out into a real unification
of the arbitration convention formation conditions.
In the same spirit, the second par relates to the implementation of the
arbitration convention. The first title appraises the unification eventuality
of the internal and international arbitration convention effects. While the
second title is dedicated to the study of unifying the rules governing the
transfer and extension of the domestic or international arbitration convention.
Keywords: Arbitration, Domestic arbitration, International
arbitration, French Law, Lebanese Law, Arbitration convention, Arbitration
clause.
French
& English section
-
The Arbitral Agreement
is not Subject to the Legal Regime of Improper Clauses
By Alexandre Job
-
International
Arbitration: definition of Estoppel in the French
Law: Finally!
By
Alexandre Job & Jean-Georges Betto
Arabic
section
-
The Obligation of
Reasoning the Arbitral Award
By
Michel Soumrani
-
The Modification of
the UNCITRAL Rules in Order to Comply With the Requirement of Settling Disputes
Between States and Citizens of other states
By
Hafiza Sayyed El-Haddad
FRENCH
& ENGLISH SECTION
-
“The Contortions of the Tribunal of Conflicts
in the Field of Arbitration”
By Thomas Clay
-
“The prima faciae
nullity of the Arbitral Convention”
By Stéphanie Nehmé
-
“International Arbitration: The
Definition of Estoppel in French Law, Finally!”
By Alexandre Job and Jean-Georges Betto
arabic
section
-
“The Will as a Limit
to Public Order and Compulsory legal provisions in Commercial International
Contracts”,
By Sami Badih Mansour
FRENCH & ENGLISH
SECTION
-
« The new French
law on domestic and international arbitration»,
By Emmanuel GAILLARD and Pierre de
LAPASSE.
arabic
section
-“The petition for the annulment of
the arbitral award in Moroccan comparative law”,
By Abdel-Latif
BOULALF
Part i- French &
English section
1 Foreword
to volume 56
articles
3 -
Should
there be a Double Exequatur for Awards Rendered in Syria? (Comments on the
Decision Rendered by the President of First Instance of the Civil Chamber of
Beirut dated 14 December 2009)
By Ibrahim Fadlallah
8 - The Control of the
Arbitral Agreement by the Judiciary
By Nathalie Najjar
13
- The Martime Arbitration in Question,
By Alexandre JOB
part ii - arabic section
1
Foreword to volume 56
I - ARTICLES
3 -
The Role of the Cassation Court in Controlling Arbitration,
By Georges Badih Karam
8 - The Competence-Competence Principle
Throughout the Judiciary’s
Role in
Increasing the Efficiency of Arbitration in Lebanese Law
By Sami Badih Mansour
27 - The Control of the Court
of Appeal over an Award Throughout the
Recourses
it is Subject to
By Jean Fahd
33 -
The Constitution of the Arbitral Tribunal,
By Fadi Elias
58 -
The Appointment of an Arbitrator and his Qualifications,
By Souheil Abboud
61 -
The Judge of Urgent Matters and Arbitration, Practical Cases
By Zalfa El-Hassan
64 -
How to Draft a Valid Arbitration Clause,
By Nayla Comair Obeid
71 - The Arbitrator’s Means to
Avoid Recourses and Unnecessary New
Claims
Delaying The Settlement of a Dispute
By Muhieddine El-Kaissi
Part
i- French & English section
1
Foreword to volume 57
articles
3 -
The “Amiable Composition” in French Case Law,
By Charles JARROSSON.
7 -
The “Amiable Composition” in Lebanese Case Law,
By
Nathalie NAJJAR.
12 -
The Application of a Non State Law in International Arbitration,
By
Jean-Pierre Ancel.
17 -
Estoppel in the Lebanese Law,
By Mouhib MAAMARI.
21 -
Arbitration and compulsory laws,
By Hadi SLIM.
28 -
Arbitration and Commercial Agency in Lebanese Law
By Rayan ASSAF
32 -
Estoppel and the Arbitrator,
By
Nadine KAÏSSI TAYARA.
part ii - arabic section
1 Foreword
to volume 57
I- ARTICLES
3 -
Comparative Study between Lebanese and Iraqi Laws of Arbitration,
By Fadi ELIAS.
French
and english part
-
Arbitration and
discrimination, the Jivraj case before the
Court of appeal of England and Wales
By Roland Ziadé
-
An unfinished
cacophony: the definition of international investment before the ICSID
By Julien Burda
-
Domestic Arbitration in Lebanon
By Marc Sukkar