At the recent Northwestern Law School conference on the Israeli-Arab Dispute and International Law I had the good fortune to address one of the few bright spots in current Arab-Israeli relations.
Most international law scholars of the Arab-Israeli conflict seem to know little about international trade, and focus almost exclusively on the laws of war in [...] read more »
Archive for the 'Middle East' Category
The Death of the Secondary Boycott Against Israel
Dispute Resolution in Abu Dhabi (Part 3) – A Lot Now Rides on Success of the DAB System
The most commonly used form of construction contract in the Gulf is the FIDIC form. Although the FIDIC forms, for project procurement and consultantcy services, progressed slowly over the years, culminating in the burst of colours in the suite of contracts issued in 1999, some parts of the Middle East still use the [...] read more »
Dispute Resolution in Abu Dhabi (Part 2) – Do We Have The Time, Or Luxury, To Rely Only On Arbitration As The Only “Alternative” in ADR?
Constructively, commercial arbitration is a judicially recognized and an enforced method of dispute resolution in the UAE.
Via Article 203 (5) of the Civil Procedure Law (1992), if the parties have agreed to refer a dispute to arbitration, an action on that dispute cannot be brought before the courts.
So let us assume for present purposes [...] read more »
Dispute Resolution in Abu Dhabi ( Part 1): How can the System Possibly Cope?
On a first reading this might seem like a particularly narrow question. Perhaps geographically of limited utility.
But to almost every international organization in the industrial, defence and major projects sectors it is, in fact, one of the burning issues confronting their participation in a market planning to spend or invest $USD450billion in 2010.
In [...] read more »
Arbitration in Douglas Johnston’s The Historical Foundations of World Order
Professor Roger Alford’s recent posting, “The Arbitrator as Diplomat”, discusses the role of “diplomatic arbitration,” a concept with a long historical pedigree. Some of that history (and much more) is contained in the late Professor Douglas M. Johnston’s posthumous opus, The Historical Foundations of World Order: The Tower and the Arena (2008). The [...] read more »
U.S. Supreme Court Decides Terrorist Victim Waived Right to Attach Arbitration Award
On Tuesday, the United States Supreme Court decided Iran v. Elahi, a case that appears to fall within a data set of one. As I reported elsewhere, the case is extraordinarily complex, focusing on whether a terrorist victim judgment creditor can attach a confirmed arbitration award rendered in Iran’s favor. Although it involves [...] read more »
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