A Model Harmonised International Arbitration Law Code for the Middle East and North Africa
Author | : | |
Rating | : | 4.96 (881 Votes) |
Asin | : | 3642381936 |
Format Type | : | paperback |
Number of Pages | : | 500 Pages |
Publish Date | : | 2017-11-10 |
Language | : | English |
DESCRIPTION:
Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. The work demonstrates that this new code would lead to improved arbitral award enforcement in the MENA.. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA regi
The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. From the Back Cover The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. . Here, this complex scenario is rectified through a compar