Sample Law Dissertation Discussion Paper on Enforcement of the International Commercial Arbitration Awards in Jordan: A Comparative Legal Study with the UK

Enforcement of the International Commercial Arbitration Awards in Jordan: A Comparative Legal Study with the UK

Introduction

Arbitration laws can be defined as laws that are applicable when resolving a dispute, and are mostly administered in the presence of a neutral personality whose final decisions are binding and are treated as decrees.[1] The disagreeing parties must first approve to observe the final decisions that will be made by the intermediary. This procedure of dispute determination is extensively used in most countries to end disputes amongst persons or establishments. In arbitration, the disputing parties are provided with a range of choices to make rather than being subjected to unnecessary lawsuits.[2] It also encompasses an out of court settlement and the parties to a controversy are obliged to implement any decision therein made by the arbitrator. Most countries have a provision of compulsory arbitration of certain cases (such as insurance claims and antitrust laws among others) that are mostly conducted by an experienced panel of arbitrators. 

Traditionally, arbitration entailed labor and commerce issues, a fact that has since changed to include more pressing issues, especially those relating to economic performance. For instance, most countries and economic blocs when resolving issues relating to international business transactions apply arbitration techniques to reconcile and shape their interests according to the outlined transactional policies or operational standards. Arbitration can be either voluntary or mandatory depending on the on the type of arbitration and intentions of the parties. In ensuring the arbitration proceedings are not stained by unjustified influences, the parties are granted equal opportunity to challenge the arbitration award in case of dissatisfaction. The option of challenging the reward is necessary for maintain the good reputation of arbitration as a conflict resolution process. As such, to avoid such delays in awarding the arbitral, the parties should be more cautious when selecting the arbitrators. In other words, the success of arbitration award relies heavy on the selection of arbitrators in a free and fair manner, and this in one of the factor that makes the arbitration process highly valued in UK.[3]

Notably, these arbitration systems in the respective countries are based on slightly different jurisprudence systems with a focus on successful application of the law in a way that grant individuals equal opportunities to participate in the arbitration process. The corresponding arbitration laws are also similar in a number of applications, for instance, in the UK, a judicial review is permitted when the courts are called upon to enforce, if necessary, the arbitration agreement and arbitral awards. With of a comparative study of the UK legal system, this paper focuses on the enforcement of the international commercial arbitration award in Jordan.  The study begins with the examination and analysis of the respective arbitration acts of the UK. The focus on the UK arbitration act will help in determining the arbitration proceedings and award enforcement processes and how the award polies would compare to the case of Jordan.[4] The comparison of arbitration award is based on the weaknesses identified during the enforcement of international arbitration laws. Further, this study gives a summary of the current state of arbitration award and how the county’s legal system affects fair process of information to determine the winning arbitrators.

The Saudi Arabian Arbitration Law

Summary of the current state of arbitration law

Notably, Saudi Arabia is currently the largest economy in the Middle East making it a hub of technological innovations and economic growth and development. This explains why most investors willing to venture into this market are increasingly becoming concerned about the extremely complicated arbitration laws systems in the country. To proponents, the Saudi Arabian arbitration law systems are prone to manipulation and interference from the local courts and are also time-wasting given that the arbitral awards are rarely enforced. For example, on April 2012, the country through a Royal Decree introduced a new set of Arbitration Laws to help solve the mess.[5] The new law (comprising of 58 articles) has since helped in strengthening the confidence of investors venturing into the economy and in resolving potential economic and social disputes. The increase in international transactions has been realized since then and the number of disputes resolute through settlement increased immensely. In essence, arbitration is in most circumstances deliberated as an alternative conflict resolution method to the Saudi Arabian courts that are relatively strict and discriminative. The fact the Saudi Arabia is a party to the UN Convention on Recognition and Enforcement of Foreign Arbitral Awards has improved the effectiveness and fair enforcement of arbitration policies since the government is at all times under the close supervision of the UN Convention.

In arbitration, however, a range of issues such as the awarding of the arbitral and execution of the resolutions occasionally arises. The cultural complexities, religious laws and diverse customs are also some of the challenges that face arbitration as a method of conflict resolution in Saudi Arabia. This is because Saudis, like other Islamic communities have strict cultural and religious practices, which are at times considered incompatible with the Christian culture, hence the implementation of the arbitration awards calls for the use of strictly different policies that are in line with Saudis’ cultures and religious practices. It is therefore very necessary that the Saudi Government must consider handling the limiting factors like culture and religious practices in order to ensure successful application of arbitration laws in the country. Correspondingly, Saudi Arabia has been undertaking reforms in its legal arrangements to transform them and ensure they have an international image, and to promote the nation’s socio-economic development.[6] This paper gives an in-depth analysis and discussions on Saudi Arabian arbitration laws with special consideration of rich religious and cultural diversity that defines that country. With the understanding of the country’s cultural and religious diversity, it will be possible to determine the differences in application of arbitration laws between Arab countries and non-Arab countries.

The country’s legal system can be described as complex given that it is mainly based on strong principles of Islamic (Sharia) Laws. This is because most of the law statutes and provisions are influenced by these Islamic principles that in most cases are in conflict with the international laws. The introduction of arbitration laws in Saudi Arabia, therefore, aims at regulating transactions but in most cases differ with the Islamic legislations already in place in the country. The understanding of the Islamic or sharia laws is fundamental to this study based on the fact that most of the legislations that govern arbitration as a procedure of resolving conflicts are mostly endorsed by the sharia laws and the Qur’an. This means that by applying the Qur’an in areas of arbitration creates a foundation for legislations such as the arbitration provision, which give a public image and becomes more accepted and desirable. This is different from the case of UK where the arbitration laws are developed to cater for the interests of a diverse population with majority being non-Islamic. Also noted is the fact the majority of individuals in UK, unlike in Saudi Arabia, have little access to arbitrators making most of the cases go unresolved.  

The account of Arbitration Acts in Saudi Arabia

Indeed, the historical importance of arbitration as a method of deciding disagreements in Saudi Arabia cannot be ignored whatsoever.[7] The Old Laws in the country originally subjected these laws to the jurisdiction of the national courts, a fact that was not accepted by the international community that was willing to venture into the economy. As such, there was need to establish a distinctive legal procedure and framework that would govern arbitration processes in Saudi Arabia. In most arbitration proceedings, any intervention by the Saudi courts is not expected unless permitted by the situation at hand.[8] Any attempt to introduce the arbitration trials in a litigation to court according to the Judiciary and Arbitration Authority may result into the case becoming exposed to a full review.

After successful accession to the New York Conventions, most of the regulations stipulated under the Saudi Arbitration Laws changed tremendously. For instance, the enforcing awards on limited basis were found to be contrary to the national policies and provisions. However, the New York Convention enabled easier facilitation of the implementation of arbitral awards in the country. This is carried by ensuring that each party engaging in the arbitration process accepts the decisions made by the arbitrator. The jurisdiction was applicable internally provided it was not in desecration of any public policy or jurisprudence. Further, the convention also serves as a global arbitral awards execution processes and policies. The introduced laws have specific provisions that duly restrain the capability of a national court in Saudi to influence any award resulting from the arbitral processes.

General provisions of the Saudi Arbitration Laws

In conjunction to the promise to subscribe to arbitration as a method of dispute resolution, the New Saudi Arbitration Laws provides that the decision can be reiterated in writing prior to the processes. Correspondingly, the parties to the disputed can agree, independently or as part of the provision of the contract or any other document therein after the dispute to opt for arbitration as a viable conflict resolution method[9]. The Saudi arbitrations also permit the parties in dispute to make use of any procedural legislation including those of the global arbitration establishments such as that of the Dubai International Arbitration Centre. The application of such provisions automatically excludes any other practical application asserted by the judicial system that are in contradiction to the institutional legislations on arbitration.[10]

Notably, all these provisions and laws must never contradict the inherent principles as explicitly stated in the Shari’a. All parties to the dispute must therefore be enlightened on the effects institutional arbitration laws may have on the principles underlying the execution of the Shari’a laws. Notably, the application of arbitration laws or any other institutional law must never be in contrast with the Shari’a otherwise the principles of the Shari’a will prevail. The disputing parties who are to go through arbitration processes should also be made aware of the specific provisions in the Shari’a that may be breached and avoid doing so. An example of a situation in which the principles stipulated in the Shari’a Laws are breached is when a party to the dispute is denied an opportunity to fully explain its case to the arbitrators. Similarly, failing to cross-examine witnesses or if the arbitration tribunal allows the witnesses to testify without administering an earnest oath, the principles of the Shari’a laws shall have been breached.

The New Saudi Arbitration Laws are also very explicit with various provisions on how foreign laws or methods on dispute resolutions should be approached. In case of an international conflict, the disputing parties must first agree to use the provisions on of the fundamental laws of the foreign country but must never contradict the Shari’a laws. Should the outcome of the application of international arbitration laws results into outcomes conflicting the Shari’a, the provisions of the Shari’a laws will in most of the instances prevail.

The finality of Saudi Arbitration Laws is determined by a range of issues already discussed in this document.[11] As such, when forming a tribunal, the arbitrators chosen should be those with a thorough comprehension of the country’s Shari’a laws to avoid any form of breach or contradiction therein. The conflicting parties are also entitled to an exclusive right to apply a non-Saudi arbitration legislation in resolving disputes provided that the law does not contradict the doctrines of the Shari’a. Additionally, the Saudi laws also have a provision on foreign jurisdictions that relates to dispute laws. In Saudi Arabia, choosing a venue to carry out the arbitration proceedings is a joint obligation of the disputing parties as long as the tribunal will also consider the chosen venue as suitable for such exercise.[12] The new Arbitration Regulation (2012) under the Royal Decree Number M/24 stipulates that any arbitration hearing in Saudi Arabia will be held in Arabic, except where the parties or the tribunal members unanimously agree for the hearing to proceed in other languages apart from Arabic. The provision allowing the use of another language during proceedings is crucial as it makes the Saudi arbitration processes to be more free and reachable to non-Arabic speaking persons.

The enhanced and extended jurisdiction

The Saudi Arbitration laws are applicable by default to any arbitration proceeding that shall be held in Saudi Arabia.[13] In addition, the legislations shall be applicable to any international dispute in which the parties mutually approves to use the legislations. The definition of global Arbitration Acts is very categorical in the solicitation of Saudi laws in tribunal proceedings. Moreover, matters that pertain to personal issues, criminal problems, administrative and public issues are excluded from all arbitration proceedings. Such cases are listened to and decided by the national courts of Saudi Arabia and are considered to be outside the jurisprudence of the arbitration tribunals.

An arbitration proceeding can also be activated in Saudi without any approval of a national court provided that it is within the confines of the principles of the Shari’a laws. The national courts of Saudi are also permitted to decline an invitation to hear a dispute subjected to a valid clause on arbitration should this be raised by any disputing party.[14] The provisions also allow the arbitral tribunals and the disputing parties to address their concerns to the national courts for further discretion on certain issues. Under article 38 of the Saudi Arbitration laws, any issue that may arise during arbitration proceeding hearings falls under the prerogative of the tribunal and not the national court unless decided otherwise by the disputing parties or the arbitrators. These may entail a challenge on the validity of documents that are forwarded to the arbitration tribunal.

Choosing the tribunal Arbitrators

The arbitrators under Arbitration regulation (2012) must have a full legal capacity and must not be of questionable character. In addition, the provision on the membership of the tribunal does not refer to a particular gender of national affiliation.[15] The Arbitration regulation (2012) also states that the chairperson to the tribunal must be a degree holder in Sharia from a reputable university and this further limits the choice of arbitrators that can be chosen by the conflicting parties. The tribunal formed must also comprise of an odd number of arbitrators who are in most instances chosen by the parties in dispute. The Arabian Royal Decree M/34 requires that if the parties fail to agree on the appointment of arbitrators, a competent national court have the authority as outlined by the Judiciary and Arbitration team to appoint an arbitrator who would carry on with the proceedings of the tribunal. However, the court shall take into consideration the specific characteristics an arbitrator of choice ought to have possessed such an academic qualifications and the preferred nationality. The decisions made by the national courts that relate to the appointment of arbiters cannot be imperiled to an application of an appeal by the parties to the disagreement. An arbitrator may only be challenged if it is proven beyond reasonable doubts that there was no impartiality when awarding the arbitral, or if the preferred qualifications were not duly met.[16]

The proceedings instigated by the tribunal may be halted upon the submission of a written document challenging the jurisdiction of the tribunal, unless the issues are referred to the national courts for further directions. In case an arbitrator is withdrawn from conducting the proceedings of the tribunal upon a successful challenge by the parities or a nullification by a competent court, then any proceeding that shall have taken place up to that point shall be deliberated as null and void. A proficient national court is also mandated with terminating the authority of the arbiters should they fail to perform their duties or interrupt the proceedings in a manner that raises suspicions.[17] However, this can only happen in situations whereby the arbiters were appointed by the courts, otherwise the decisions to terminate the services of the arbiters should be an agreement between the disputing parties. Notably, upon appointing the arbiters, a contract is entered into stipulating compensations and other benefits and terms that may lead to the termination the contract.[18]

Arbitral awards

The Saudi arbitration laws are very explicit on the existence of an award that must be issued within 90 days of the submission of the documents detailing the outcome of the tribunal proceedings. However, the 90 days period can be subjected to an extension by a proficient national court if deemed necessary. During this period, the parties are allowed to initiate a referral to the national courts for termination of the awards or proceedings that was made at the tribunal hearings.[19]

The parties may also permit the hearing committee to suggest new resolutions methods when the judgments do not fit either of them. The awards should also be made in written arrangement and signed by the arbiter(s). The reasons upon which the awards were given shall also be stated in the documents and the reason for every decision clearly explained. The award shall encompass the date and location of issuance, the designations of the wrangling parties, the name and designation of the arbiter and relevant addresses.[20] Correspondingly, the award document should entail a summary of the arrangement with the pleadings and submissions of the arbitration parties also clearly specified.[21] The final decision and reasons for the verdicts coupled with the expenses incurred during the tribunal proceedings should also be specified in the award documents. Within 15 days of issuing the awards, the true copies of the awards shall be established unless decided otherwise by the arbiter or the disputing parties in writing.[22] Should the parties to the dispute agree to affably to settle their differences, they shall submit this request to the tribunal who will in turn record the terms of the settlement, issue the awards in accordance to these terms and ultimately make a conclusion on the proceedings. In this situation, the award shall obligate an identical power as that of the standard arbitral award. In case of any vagueness in the wording of an award, either party shall upon submitting notification to the other party pursue an elucidation within approximately one month of the issuance of the award. The tribunal shall be legitimized to reply within the agreed time period and the interpretation be part of the award.[23] The annulment of the award depending on the statuses is restricted under the Saudi Arbitration Laws according to provisions stipulated under Executive Regulation of the Arbitration Law of Saudi Arabia article 1.

. A claim to annulment of an award shall be determined in a competent national court in the circumstance that the Jordanian Judiciary and Arbitration authority have proved the arbitration process to be flawed or upon the expiry of an arbitration agreement. Similarly, such annulment proceedings shall be initiated upon proving that one of the party to arbitration lacks the necessary credentials to be involved in such types of agreements. In addition, if one party to the dispute failed to make a submission of the defenses as a result of inadequate information on the arbitration proceedings, then the award may be annulled. If the arbitration awards did refer to any of the stipulated procedural rules that were agreed upon by the parties, a decision to cancel the awards may be prompted.[24]

In addition, if the formation of the tribunal or the appointment of the arbiters were done in a manner that violated the agreement between the parties, the Jordanian Judiciary and Arbitration Authority is allowed to nullify the arbitration awards. This is explicitly stipulated under Executive Regulation of the Arbitration Law of Saudi Arabia Chapter 4. Moreover, if the settlement awards dealt with such issues that are considered to be beyond the scope of the Arbitration Contracts, then the associated authorities permit the nullification of the awards. Lastly, if the tribunal did not duly observe the provisions that relates to the award, or if it did not follow due procedures stipulated under Saudi laws or the New York Convention provisions, the award may be terminated. A competent Saudi court shall invalidate an arbitration award through the application of one of the parties to arbitration or in its own consensus as postulated under Executive Regulation of the Arbitration Law of Saudi Arabia chapter four. For example, in cases whereby some provisions of the award are in breach of the principles of the Shari’a or when the choice of arbitrators is not competently carried out. A claim for the termination of the award shall be made by any of the parties within 60 days of notification of the award, otherwise the award will become binding and a finality. In the Saudi national court shall decide to terminate an award, then this decision shall be open to an appeal within a period of about thirty days.  

Arbitration Acts in Jordan

Summary of the current state of arbitration law

In Jordan, arbitration is also denoted to as Tahkim (Arabic) and is viewed as one of the ancient methods of conflict resolution long before the emergence of Islam as a religion. Most of the pre-Islamic Arab populace used this form of dispute resolution when resolving inter-tribal animosities between them.[25] Arbitration in the traditional Jordan society was largely voluntary and no one was coerced to make a decision on this method of conflict resolution. The arbitral awards in the contemporary Jordan societies were based on the moral authority of the arbitrators and not bound by the country’s arbitration process. The influence of this method of dispute resolution reduced with time and was replaced with mediation until later years when it resurfaced. At the start of the 21st century, the employment of this type of dispute resolution in conflicts determinations in Jordan rose tremendously becoming more significant as stipulated under Law No. 31 of 2001 (Jordan) Arbitration Law. For example, the Jordanian Judiciary and Arbitration processes are under obligation to adhere to the international arbitration standards that were unequivocally reiterated at the New York Convention.

Discussions on the provisions

The arbitration tribunal proceedings in Jordan are under the regulations of a special Law No. 31 of the Jordan Arbitration Law enacted in the year 2001. This law finds its roots in the global Arbitration Acts and on the provisions of the Egyptian Arbitration Acts that have since been incorporated under the Model Laws. The Jordan arbitration laws comprise of 56 Articles, which are further categorized into seven parts. The is a part on general provisions that ranges from article one to eight, articles eight to thirteen expounds on the arbitration agreements while articles fourteen to twenty three is on the formation of a tribunal. The Arbitration accounts and the award coupled with the nullification of the hearings are all specified under articles 24-35 and 36-47 in that order.

The rest of the parts and articles talks of the nullity and execution of the arbitration awards given or decided at the tribunal proceedings. Indeed, article 3 of the Jordan Arbitration laws makes the range of the legislation to be absolute extending to all cases on arbitration in Jordan. Correspondingly, the article gives the laws inherent authority to make a decision on any case that relates to a predetermined dispute. Notably, this law does not specify any differences between civil and commercial conflicts as both of these are within the scope of the Jordan Arbitration Laws. Article 5 is also very explicit on the choice of the most appropriate arbitration proceeding procedure that is mostly made by the parties in dispute. Under article 8, the intervention of the State courts in settlement hearings is highly proscribed. However, the settlement panel may make a formal request to the courts to arbitrate in certain situations in cases of contradiction of application.[26]

Article 2a is very distinct on the conformation of the Arbitration Tribunal that is mostly in accordance with the provisions of the laws. Just like in Saudi Arabia, there is also a Competent Court in Jordan that has special jurisdiction to intervene in arbitration proceedings but upon the approval of the parties. The arbitration settlements are only deemed binding when in written form that is in most cases flexible.[27] The written document should be very explicit, and well written with the provisions also started supporting any decision that may be made by the arbitration tribunal. The application of the law in Jordan is across all cases related to arbitration in the Kingdom ranging from commercial to private disputes between persons. As such, the provisions of these laws shall apply to every arbitration issue and that all preceding procedures in solving the dispute shall remain valid. Chapter five further asserts that the law shall allow the two parties arbitrating to choose their most preferred procedure to be followed during tribunal hearing processes. Unless otherwise approved by the parties that are in dispute, the arbitration agreements shall be received in a written form and delivered personally to the arbitrating parties.[28]            

The arbitration tribunal shall also decide on the on the establishment of the arbitrators that shall comprise of odd number of arbitrators, otherwise the composition of the arbiters shall be considered null and void. The law further reaffirms the independence of the arbitration processes in Jordan and asserts that proceedings shall not be subjected to any interference by the national courts. The language to be used during proceedings, just like in the case of Saudi Arabian Laws shall be Arabic. However, any other language shall be acceptable upon the approval of the parties as postulated in article 28a of the Jordan Arbitration Laws. The value that governs the actuality and the existence of neutrality and impartiality of the arbiters is provided under article 17 of the law. This particular article is also obvious on all arbitral procedures that are to be followed during the tribunal proceedings.

Just like the UK and Saudi Arabia, Jordan too ratified the New York Convention, an initiative that was largely viewed as a positive development towards attracting the foreign investment companies that were willing to venture into the country. Issues relating to intellectual property disputes or any other commercial disagreements in Jordan are all ratified under the New York Convention. Notably, Jordan Arbitration Laws do not recognize the legitimacy of foreign jurisdictions and are only enforceable in Jordan.[29] For a long time now, the enforcement of arbitral awards in Jordan has been challenging given the conflicting issues to the Islamic Laws that sometime ensues.[30] For instance, the insistence on the acquiescence to the Islamic laws in conjunction with the international principles and standards that governs the application of arbitration laws has for a long time now been a challenging issue.

In most cases, the country’s Shari’a has been argued to be incompatible with many global commercial standards that govern business transactions. However, it is worth noting that not all provisions of the Shari’a are incompatible with the arbitration standards as some are very much characteristic of Islamic laws. Article 11 makes an important assertion on the significance arbitration agreement and reiterates that the argument may be availed before the initiation of the dispute hearing in the form of separate agreements or as a contract pitting the conflicting parties. Only a tribunal just like in the case of UK and Saudi Arabia can initiate an arbitral proceeding in Jordan and any court of law other than the Competent Court that shall receive an arbitral dispute shall dismiss the case.[31] For example, in Tang, the claim that the final LCIA Award had no effect based on the fact that the tribunal had no substantive jurisdictional grounds to determine the cause of dispute was dismissed by judge Hildyard based on section 67 of the Arbitration Act (1996). The facts on the ground were that the arbitral proceedings focused on disputes related to multiparty cross-jurisdictional transactional agreements, which have no strong support within the UK jurisdictions.    

The arbitrators, according to article 15a shall not be a minor and shall be a person with reputable credentials and of sound socio-economics status and morals. In accepting the mandate to lead the proceedings at the tribunal, the arbiters shall accept this responsibility in writing and be clear of any circumstance that may lead to doubts on their impartiality or objectivity. The arbitration parties are allowed to unequivocally agree on the characters to arbitrate in their case and the date and venue of the proceeding.[32] Any failure to act so within the stipulated date, competent court shall have the jurisdiction of presiding over the arbitral proceedings. When choosing an arbiter under Jordan laws, the competent court shall be responsible and shall base their selections on the agreements between the arbitrating parties. Challenging an arbiter shall be based purely on the grounds of impartiality and on the disappointment to satisfy the identified qualifications.[33] A request challenging the selection of the arbiter shall be submitted to the competent court within 15 days of the tribunal being made cognizant of the reasons that justifies the purported challenge. Article 19 and 20 also specifies the directions to be adopted in cases whereby the arbitrators becomes incompetent and cannot effectively discharge their duties as required by law. If the arbiters become unable to discharge their functions properly, then the competent court, after a formal request by the arbitral parties shall terminate the mandate of such individuals and that decision shall not be subjected to any appeal at all.

Arbitral proceedings

During arbitral proceedings under the Jordan laws, article 24 and 25 stipulates that the parties in dispute shall have the sole responsibility of choosing an arbitral tribunal proceeding procedure that suits them.[34] The parties shall also be held with parity and reverence, and each granted an equal opportunity to air their grievances. The venue to the proceedings under Jordan laws shall be that decided by the two parties in the dispute. The Jordan laws further assert that the arbitral tribunal shall constitute its proceedings in such a manner that the arbitrating parties shall be allowed to give an explanation on the issue of contention and submit their arguments and evidences to the tribunal in written form. The agreed date of the accounts shall be conversed preceding the hearings to the arbitration parties.[35] During the proceedings, the minutes shall be engaged and a printed record of the same kept buy the tribunal and copies distributed to the parties.

Just like under the Saudi system, the witnesses and other experts shall be subjected to a solemn oath but in the form that shall be determined by the tribunal. The tribunal, prior to the proceedings, shall accept, either in a transcribed testament or in a declaration the oaths made by the witnesses in accordance with the laws of the particular state. The Jordan arbitral laws further stipulates that the parties shall make a submission of their claims to the tribunal outlining adequate cause within the set duration of time, failure to which the tribunal shall have the authority to terminate the arbitration proceedings unless otherwise an agreement is made between the two parties. If either of the parties fails to appear at the tribunal proceedings or do not submit the relevant documents within the set time period, the proceedings shall continue and the award given based on the evidences already available.[36]

Arbitral Awards and termination of tribunal proceedings

The arbitral tribunal under the Jordan arbitration laws shall in its ruling to award an arbitral apply the concept of the ‘subject-matter’ of the dispute based on legal regulations that shall be agreed upon by the two parties. The tribunal also has the authority to make their decisions solely based on the rules of equity and in compliance with the laid legislations. The tribunal shall also be mandated with rendering the final award that shall ultimately bring the dispute to a halt in an extreme duration of close to 12 months. Unless agreed upon otherwise, the decisions by the tribunal just like in the case with Saudi and UK laws shall be bidding. The resolve to award arbitral shall be decided by the arbiters presiding over the hearings and shall be prescribed thereon. The arbitration awards shall be completed in inscriptions and signed by the arbitrators and ratified by both parties. The reasons for the arbitral awards shall also be stated unless decided otherwise by the trial or by the acts that administrate that precise arbitration hearing.[37]

Just like in the case with Saudi laws, the arbitral awards shall also encompass the names and addresses of the aforementioned parties, nationalities and the total costs that shall have been incurred during the process. According to article 44 of the Jordan Arbitration Acts, the proceedings shall be subject to dissolution upon the submission of the award eventually ending the dispute. Similarly, pursuant to article 33a aforementioned, an order can be issued by the tribunal effectively ending the proceedings at the tribunal.[38] The arbitration parties can also decide to terminate the hearings upon settling on a viable decision. In addition, failing to reach a consensus on the issuance of the awards may lead to the termination of the arbitration hearings. In case of a correction on the provisions of the arbitral awards, the tribunal shall authorize such changes in writing and the parties shall be notified within a period of thirty days from which the issuance took place.[39]

Nullity of the Arbitral awards

According to the Jordan Arbitration laws, article 48 stipulates that the arbitral awards shall be issued according to the provisions of the aforementioned legislations and may not be subjected to any challenge upon ratification. Notably, under the Jordan laws, an action permitting the nullification of the arbitral award shall only be admitted under certain specified conditions. For instance, an action allowing the nullity of an arbitration award shall be become operational in a situation whereby no legal arbitration agreement put in a written document was issued terminating the award. Similarly, an award shall only be liable to nullification if at the time of making a conclusion on the arbitration hearing, one of the arbitrating parties was not in a good mental of physical condition to pursue and comprehend the provisions of the law.[40]

Moreover, if either of the party can prove beyond reasonable doubts that adequate time to present a formidable defense was not availed, the arbitral award may nullified. In a situation whereby the tribunal did not include such legislations that were agreed upon by the parties, the initiation of nullification may ensue. Another reason that may lead to the nullification of the arbitral award maybe when there is a proof that the tribunal members were not selected in accordance with some specified legislations or agreements between the arbitrating parties. Also, just like in the case of Saudi and laws, if the award is made on such matters that are not part of the arbitration agreement then the award shall be subjected to cancellation. As with the case of the Saudi laws, actions relating to nullity of arbitral awards shall be raised within 30 days of the date the award mas made. An ultimate resolution to nullify the arbitration award by a competent court will lead to the annulment of the arbitration settlements.[41]

Enforcement of the arbitral awards

According to the Jordan laws, an arbitral award that is ratified in accordance with some set of legislations are deemed to have the jurisdiction of res judicata and shall only be enforced when compliance to certain agreement shall be assured. Additionally, an application for the enforcement of the arbitral awards shall only be accepted after the period allowed for nullity actions expires. Such an application shall be submitted to the competent court in the company of a copy of the agreement, a signed copy of the arbitration award and a translation in Arabic of the same. The application documents for execution shall be subjected to review without a formal hearing in a competent court and an order authorizing execution given. The arbitral award implementation order shall not be effected if it violates a specified public order in the Kingdom of Jordan.[42]

The UK Arbitration laws

Summary of the current state of arbitration law

In the UK and in most parts of Europe, arbitration is used as an alternative to lawsuits, especially when resolving commercial conflicts between transacting parties. The universal principles of the UK Arbitration Act 1996 (c) 23 and the laws demand that the every arbitration process must be based on fair determination of disputes led by an independent tribunal proceeding and without any malicious expenses or delays. The 1996 Act and the arbitration principles also demand that the arbitrating parties must agree prior to the hearings on the best method of resolving their differences in the concern of the public welfare. The provisions of this laws shall be applicable where the seat of the arbitral hearing is in England, Wales or Northern Ireland. The choice of seat in this context is important because it will determine rules governing the process of arbitration alongside determining the point at which the national court can be allowed to contribute during the arbitration as well as the extent of court’s intervention. Some of the requirements of this legislation shall also be applicable even if the hearings are conducted outside the UK.

The seat of the arbitration proceeding shall be decided by the arbitral parties, any other institution or personality that is bestowed with the power in that regard or by an arbitration tribunal if so sanctioned by the disputing parties. Contrary to the Jordan and Saudi process where the arbitration law is mandatory for every individual, the UK law is divided into mandatory and non-mandatory provisions that have diverse effects on any other agreement that may be contradictory. This provision licenses the arbitration parties to make their own decisions prior to the proceedings and when drafting the agreements. The parties are subjected to a range of institutional legislations and are allowed to opt for another method of solving their conflicts.[43] When applying these laws, it is worth noting that the emphasis shall not be on whether the agreement is under the law of England, Wales or Northern Ireland, but on the rule of equity and justice. As such, the parties are in a situation to make decisions on the appropriate legislations that will be used during the awarding of the arbitral. The covenant shall be made in writing between the parties and the terminologies ‘agreement’, ‘agree’ and ‘agreed’ shall be construed thereof.[44]  

The arbitration agreement

The ‘arbitration agreement’ shall be defined as a way of an agreement to submitting arbitration as a present or future method of conflict resolution. The arbitration contract shall be a written format and subjected to ratification by all parties to the disagreement. Except otherwise agreed by the arbitration parties, such an agreement or such provisions that were intended to form an integral part of the agreement shall be regarded as valid upon approval by both parties. Upon the death or incapacitation of one of the parties, the arbitration agreements shall not be duly applied but may be imposed against a representative of the said party. However, the enactment of such agreements shall not be affected whatsoever by death or any other form of extinguishing thereof.

Stay of legal proceedings                                                         

A party to the arbitration hearing may apply for an extension of the period of legal proceedings to be in a position to launch a strong defense, otherwise the proceedings shall be carried out within a specified period of days as shall be determined by the tribunal. The applications for legal hearings shall be permitted after a complete enervation of other viable conflict resolution methods. A UK court shall allow the request for stay when contented beyond reasonable doubts that the arbitration proceedings are not valid and cannot be executed to the full gratification of the parties. If the courts decline to award the legitimate hearing stay, any decision thereof shall have no effect on the enforcement of the arbitral award. Where the decision granting stay is based on the fact that the dispute in question should be resolved through arbitration, the court may decide to retain a security in the form of a property.[45]

The UK arbitration tribunal and award processing

The parties shall settle on the preferred number of arbiters to preside over their case who will form a tribunal, and on the decision to have a tribunal chairperson. If no such agreements on the number of arbitrators shall be made, the composition of the tribunal shall comprise of a single arbiter who shall preside over the proceedings. The procedure for the selection of the arbiters and the chair shall be firmed freely by the parties to the dispute.[46] If no viable procedure shall be determined within a stipulated duration of time, the single arbiter shall determine the procedure as shall be agreed upon by the parties. If the arbitration tribunal is to comprise of two arbiters, each of the parties to the arbitration shall appoint on arbiter not later than 14 days after submitting a written request to act so.

If the tribunal is to comprise of more than two arbiters, for instance three, each of the parties shall appoint one as aforementioned and then jointly agree on the selection of another umpire. Failing to agree on the appointment, a court shall make appointments that shall be obligatory to the arbitration parties. In a situation whereby the parties agree to have a chairperson, they will also define the functions of the chair that shall range from decision making to the award of arbitral. However, the decisions on the awards shall be made jointly by the arbitrators with an inclusion of the chair. The views of the chair shall be predominant when making such decisions and shall be respected forthwith.

An umpire under the UK arbitration legislations shall be a combined bargain between the two parties who shall also describe the command and authority of such person. The umpire shall be free to attend the hearings and shall be supplied with the necessary and relevant documents to that effect. Making decisions where there shall be no chairperson or umpire shall be the sole responsibility of the arbitration parties to reach an agreement on how the commands and awards shall be made. If no such arrangement shall have been decided, the commands and arbitration awards shall be firmed by the majority of the arbiters.

The influences of an arbiter shall under be the review of the parties who shall be allowed to ascertain when such powers should be rescinded. A UK court also has the power to remove an arbitrator when proved beyond reasonable doubts that the decision is due to impartiality and that the arbiter does not have the required qualifications needed in an arbitration agreement. Correspondingly, it must be proved that the arbitrator refused or failed to conduct the arbitral hearings properly or the he did not apply the necessary and relevant arguments when making the arbitral award. In case an arbiter decides to resign, the parties shall jointly agree to compensate him any liability incurred in the course of discharging duty.

Article 30 of the UK Arbitration Act (1996) gives the tribunal an absolute prerogative to award arbitral except otherwise decided by the arbitration parties. The award of arbitral shall be the exclusive obligation of the panel upon approval by both parties. The UK Arbitrations Acts also grants parties the right to make an appeal in case of an error of law. This is a sharp contrast with the position under the Jordan and Saudi Arabia where the grounds for appeal are viewed as exclusive and can only be ratified by all parties.[47] When challenging the arbitral award under English laws, the applying party shall pursue article 70 (2) (a) that postulates that the party shall have exhausted all the internal solutions existing within the arbitration process.

Similarly, the part must have exhausted the existing rights on award ratification and with enough information on the outcome of the internal arbitral appeal review processes. When challenging an arbitral award, the parties shall base their argument on the inability of the arbitrators to have considerable right to direct the case. As a sharp contrast to the Saudi and Jordan acts, under the UK acts, a tribunal will continue with its hearings and even make any ruling per se pending the outcome of a challenge on its jurisdiction. Just like the other acts from the respective countries discussed in this document, a tribunal that is not fair and doesn’t give parties reasonable chance to put their cases shall be rendered void. Correspondingly, failing to adopt the specified procedures given in the respective arbitration agreements and failing to take into consideration the issues brought thereto may lead to the termination of the tribunal proceedings.                           

Conclusion

It is very clear that the provisions of the Saudi Arabian, Jordan and the UK Arbitration Acts patent differences primarily on the intentions of the respective legislations. Indeed, it is quite evident that the UK Arbitration Act, 2006 puts more emphasis on the significance of the law but with particular concern on the accuracy, equal consideration and accountability on the parties giving the awards. Notably, both the Jordan and Saudi Arbitration Acts are most concerned with the ensuring that whatever route is taken in obtaining the final decision and the awards of arbitral, the process must be compatible with the Sharia laws. The UK Arbitration Act 2006 is also viewed as more efficient and coherent with clearly defined relevant facts. A judicial review under the Jordan acts is also relatively hard with the tribunal having immense jurisdiction and appealing the arbitration agreement increasingly difficult.

Even though the UK laws provide limited grounds to arbitrary wards, the general perception is that Jordan can use its laws as a substitute to lawsuits given that the arbitration parties have the right to appeal in a law court when not satisfied with the award of the arbitral.[48] In essence, by making a decision to arbitrate, the disputing parties demonstrate their intrinsic intentions to be bounded by any decision made at the tribunal proceedings. The provisions aforementioned in this paper provide grounds under which legal decisions and authorities in the tribunals find their basis. The UK Arbitrations, unlike the Saudi and the Jordan acts, as above-mentioned, has very strict provisions such that any error of law may provide a ground for setting aside the award. Comparatively, unlike the other two Arbitration Acts discussed in this document, the UK Acts provides a significantly wider opportunity for the courts to make a thorough review of all the legal concerns raised by the arbitrators.                                                                                                                                                                               

The New York Convention of States on Arbitration Acts provides a viable basis for the acknowledgement and implementation of arbitral awards in approximately 156 nations that ratified it. Article three of the NY Conventions stipulates some of the primary obligations that must be accepted by countries that consented to the provisions of the convention. Per se, the UK, Jordan and Saudi being among the contracting states are obliged to identify and enforce the arbitral awards in accordance with the rules and procedures of the country. The countries base their arbitration process on the New York Convention, which provides for recognition and key instruments in the arbitration process. For example, Jordan, just like the UK recognizes the New York’s execution of the arbitral award that calls for refute of awards upon the request of the parties invoked. Correspondingly, in the aforementioned countries, there are certain features existing that are common to them.

For instance, the arbitration awards in both countries are more extensively enforceable compared to court jurisdictions primarily due to the 1958 New York Convention. Also, in both countries, there is neutral forums from which parties will occasionally be in a position to make a submission of their cases. Similarly, there is a procedural flexibility in that the arbitration legislations are thoroughly streamlined and less complicated when compared to the national laws that deal with civil issues. The arbitrators in the UK, Jordan and Saudi Arabia are, therefore, selected based on experience and acquaintance of the arbitration laws. The arbitrators should also be in a good position to apply the both the national civil laws and those dealing specifically with arbitration when deemed appropriate. Notably, unlike the national courts of law, the arbitration tribunals do not possess any integral jurisdiction given that their authorities only arise from the contract of the parties. Arbitration, however, is often viewed as a legal means necessary in determining disputes outside the national courts upon the mutual agreement of the arbitration parties. Arbitrators in both countries are under no restriction by the objectivity of the state jurisdictions unless agreed otherwise by the arbitrating parties.[49]

The speedy alternative to arbitration has prompted so many questions and challenges on the specific legislations governing the procedures of arbitration hearings. Different countries have different comprehension and interpretation of laws and may sometime be perceived differently. Such countries include Saudi Arabia and Jordan that are governed on strong principles outline in the Shari’a and the Qur’an. However, despite the socio-political differences, both Jordan and Saudi Arabia, just as the UK all effectively and sufficiently applies the international arbitration acts stipulated by the New York Convention. Saudi and Jordan are not hostile to the enforcement of arbitral awards as may be the thinking of some critics and adequately applies the applications of the New York Convention. The comparative explanation of the legal processes in this document is enough indication of the application of the both foreign and arbitration processes. In both countries, the courts are involved in determining the position of the judiciary in regard to the arbitration proceedings and in the award of arbitral.                                        

Bibliography

Journals

Al Ateyat, Mostafa, and Ahmad Kh Al Dhahir. “Overview on Online Arbitration and Procedures (Jordan as an Example).” Canadian Social Science 9, no. 2 (2013): 82-91. http://www.cscanada.net/index.php/css/article/view/3379  

Born, Gary. International commercial arbitration. Vol. 1. The Hague: Kluwer Law International, (2009). 14 https://www.wilmerhale.com/uploadedFiles/Shared_Content/Files/Editorial/Publication/Book_Review_Quotes/Born-Book-Review-21.pdf

El-Ahdab., Jalal. “Arbitration with the Arab countries.” Kluwer Law International, 2011: 402-413. https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ved=0CCgQFjABahUKEwjz5Jm236jIAhUBNhoKHaHRBs4&url=http%3A%2F%2Fwww.wklawbusiness.com%2Fstore%2Fproducts%2Farbitration-arab-countries-third-revised-expanded-prod-9041131701%2Fhardcover-item-1-9041131701&usg=AFQjCNH29TNMtMjzrzUCnTI5AU6OVBJfaA&sig2=otyMxB1gVgA9uOZ8cmo39g&bvm=bv.104317490,d.d24

Gemmell, Arthur J. “Commercial Arbitration in the Islamic Middle East.” Santa Clara J. Int’l L. 5 (2007): i. http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/scjil5&section=11

Kutty, Faisal. “Shari’a Factor in International Commercial Arbitration, The.” Loy. LA Int’l & Comp. L. Rev. 28 (2006): 565. http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/loyint28&section=25

Malkawi, Bashar H. “The feasibility of alternative dispute resolution to resolve intellectual property disputes in Jordan.” Journal of Intellectual Property Law & Practice 8, no. 2 (2013): 146-153. http://www.researchgate.net/profile/Bashar_Malkawi/publication/236015473_The_feasibility_of_alternative_dispute_resolution_to_resolve_intellectual_property_disputes_in_Jordan/links/02e7e515bf1fe7a058000000.pdf

Saleh, Samir. Commercial Arbitration in the Arab Middle East: Jordan, Kuwait, Bahrain, and Saudi Arabia. Lexgulf Publishers, (2012) 131 http://www.lexgulf.com/arbitration/Lexgulf_orderform2011.pdf  

Sayen, George. “Arbitration, conciliation, and the Islamic legal tradition in Saudi Arabia.” U. Pa. J. Int’l Econ. L. 24 (2005): 905. http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/upjiel24&section=28

Sayre, Paul L. “Development of Commercial Arbitration Law.” Yale Law Journal (2008): 595-617. http://www.jstor.org/stable/790750

Stovall, Howard L. “Arab Commercial Laws-Into the Future.” International Law 34 (2000): 839. http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/intlyr34&section=70

Thomas, S. Breckenridge. “International arbitration: A historical perspective and practice guide connecting four emerging world cultures: China, Mexico, Nigeria, and Saudi Arabia.” Am. Rev. Int’l Arb. 17 (2006): 183-615. https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&srctype=smi&srcid=3B15&doctype=cite&docid=17+Am.+Rev.+Int%27l+Arb.+183&key=025b2b8baf0b37cef4f207c16bb1f7c8

Books

Aḥdab, ʻAbd al-Ḥamīd, and Jalal El-Ahdab. Arbitration with the Arab Countries. (Alphen aan den Rijn: Kluwer Law International, 2011). http://www.kluwerarbitration.com/book-toc.aspx?book=TOC_Ahdab_2011

Anderson Jr, Irvine H. Aramco, the United States, and Saudi Arabia: A study of the dynamics of foreign oil policy, 1933-1950. Princeton University Press, 2014. https://books.google.com/books?hl=en&lr=&id=XKT_AwAAQBAJ&oi=fnd&pg=PP1&dq=arbitration+in+Saudi+Arabia&ots=gAEDG9MnNc&sig=Ar6_2uxp4Z-fXf5NmMg5kgHjAzg

Ballantyne, William M. Essays and addresses on Arab laws. (Routledge, 2011). https://books.google.com/books?hl=en&lr=&id=0X0nVSXHDI0C&oi=fnd&pg=PR1&dq=Ballantyne,+William+M.+Essays+and+addresses+on+Arab+laws.+(Routledge,+2011).&ots=JeKpOg6I5F&sig=2qA0JgugNwDSRzFFzHSBFMN-QCA

Bhatia, Vijay K., Christopher N. Candlin, and Maurizio Gotti. “Contested identities in international arbitration practice.” Discourse and Practice in International Commercial Arbitration. Issues, Challenges and Prospects (2012) https://books.google.com/books?hl=en&lr=&id=4GsjhlOP2hwC&oi=fnd&pg=PA301&dq=Bhatia,+Vijay+K.,+and+Christopher+N.+Candlin.+Analyzing+arbitration+laws+across+legal+systems&ots=hENLzpWLx8&sig=Grx32NnsEsYRc75eS_tWdUiILDo

Binder, Peter, and Jernej Sekolec. International commercial arbitration and conciliation in UNCITRAL model law jurisdictions. Sweet & Maxwell, 2005. http://weiyena.at/images/publication/2015/Model_Law_PROMO.pdf

Born, Gary. International Arbitration. (Law and Practice, 2012). https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&cad=rja&uact=8&ved=0CDMQFjADahUKEwi0mcjdkpnIAhVGPxoKHWEgDg0&url=http%3A%2F%2Fwww.kluwerarbitration.com%2Fbook-toc.aspx%3Fbook%3DTOC_Born_2012&usg=AFQjCNF1sghgMh1LSDK-bgdRgFZ1CaFfXg&sig2=_NYy4NClTLALskOBdwyPnQ&bvm=bv.103388427,d.d2s

Bostanji, Abdulfatah J. Legal Translation in Saudi Arabia: A Contrastive Analysis of Linguistic Challenges Encountered by Practitioners. (University of Western Sydney, 2010). http://uwsprod.uws.dgicloud.com/islandora/object/uws%3A8802/datastream/PDF/download/citation.pdf

Bühring-Uhle, Christian, Lars Kirchhoff, and Gabriele Scherer. Arbitration and Mediation in International Business. Alphen aan den Rijn (Netherlands), (Kluwer Law International, 2006). https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CB0QFjAAahUKEwiBhJ6kkpnIAhXCXBoKHTmuCNY&url=http%3A%2F%2Fwww.kluwerarbitration.com%2Fbook-toc.aspx%3Fbook%3DTOC_Buhring-Uhle_2006_V02&usg=AFQjCNGAapTxsO4B37BN56pwA0hprLPi8w&sig2=wQ8ZcvVLnWozKnA3H9tpMg

Casey, J. Brian. Arbitration Law of Canada: Practice and Procedure. (Juris Publishing, Inc., 2012). https://books.google.com/books?hl=en&lr=&id=FDbSAwAAQBAJ&oi=fnd&pg=PR1&dq=Casey,+J.+Brian.+Arbitration+Law+of+Canada:+Practice+and+Procedure.+(Juris+Publishing,+Inc.,+2012).&ots=MTxwlPmIS9&sig=S2xb8kF4Hm0PlTtqfS1WaYEd15Y

Chamlongrasdr, Dhisadee. Foreign state immunity and arbitration. (Cameron May, 2007). https://books.google.com/books?hl=en&lr=&id=ickSU5qL_BIC&oi=fnd&pg=PA7&dq=Chamlongrasdr,+Dhisadee.+Foreign+state+immunity+and+arbitration.+(Cameron+May,+2007).&ots=uCPvjzfhpx&sig=FCxta5uF2gIs9gjcmtTq33UkR-Y

Colon, Julio C. “Choice of law and Islamic finance.” (Tex. Int’l LJ 46, 2010): 411. http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/tilj46&section=18

Cremades, Bernardo María. Modernization of National Arbitration Laws in Aid of International Commercial Arbitration. (Washington: World Peace Through Law Center, 2009). https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CBwQFjAAahUKEwjS3ZXKkZnIAhUE1xoKHZYJD-s&url=http%3A%2F%2Fangelawalls.blogdetik.com%2F2015%2F01%2F06%2Fmodernization-of-national-arbitration-laws-in-aid-of-international-commercial-arbitration-madrid-conference-on-the-law-of-the-world-september-16-20-1979-ebook%2F&usg=AFQjCNGyp9Gc4yQYOS4zxbQ1z2BPMxkorA&sig2=6HuVY5HMkleN3UfZcq2Kxw&bvm=bv.103388427,d.d2s

En Droit, Ezzeldin Foda Licencié. The projected Arab Court of Justice: a study in regional jurisdiction with specific reference to the Muslim law of nations. (Springer, 2013). https://books.google.com/books?hl=en&lr=&id=liPtCAAAQBAJ&oi=fnd&pg=PA2&dq=En+Droit,+Ezzeldin+Foda+Licenci%C3%A9.+The+projected+Arab+Court+of+Justice:+a+study+in+regional+jurisdiction+with+specific+reference+to+the+Muslim+law+of+nations.+(Springer,+2013).&ots=famDfimlnd&sig=2OIWe3-t4gcFZ62vRCIu4xFgn-Q

Farani, M. The Arbitration Laws. Lahore [Pakistan]. (Lahore Law Times Publications, 2002). https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ved=0CCkQFjACahUKEwj9lYaGk5nIAhVBVxoKHWK1Bj4&url=http%3A%2F%2Fbooks.google.com%2Fbooks%2Fabout%2FThe_Arbitration_Laws.html%3Fid%3DuLdNPAAACAAJ&usg=AFQjCNFF33baXU2xz-Bv8RzPC3sIZPUzwQ&sig2=SuBYFlEUjpiFBP4hqp75tQ

Ferrari, Franco. Conflict of Laws in International Arbitration. (München: Sellier, 2011). https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CBwQFjAAahUKEwid9sXiyprIAhWDFSwKHbTeC88&url=http%3A%2F%2Fwww.beck-shop.de%2Ffachbuch%2Finhaltsverzeichnis%2F9783866531703_TOC_001.pdf&usg=AFQjCNGlOYgM2RoTmKIz1VdKJAn4u7AkRg&sig2=Pxl-Rz-rDKJInzCJDJMTTg&bvm=bv.103388427,d.bGg

Ghouri, Ahmad Ali. Law and Practice of Foreign Arbitration and Enforcement of Foreign Agreements and Awards in Pakistan. (Heidelberg: Springer, 2012). https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CBwQFjAAahUKEwjt7uiRy5rIAhXBBywKHSYOA-Q&url=http%3A%2F%2Fssrn.com%2Fabstract%3D2165761&usg=AFQjCNGWzr25VVdge-W-6VO_OAx4cX8ofw&sig2=0RQE5VK_DNILIgvFiBMZlQ&bvm=bv.103388427,d.bGg

Goldberg, Stephen B., Eric D. Green, and Frank EA Sander. Dispute resolution. Boston: Little, Brown, 2005. http://onlinelibrary.wiley.com/doi/10.1002/alt.3810031017/abstract

Greenberg, Simon, Christopher Kee, and J. Romesh Weeramantry. International commercial arbitration: an Asia-Pacific perspective. Cambridge University Press, 2010. https://books.google.com/books?hl=en&lr=&id=73lEwiY6_9cC&oi=fnd&pg=PR17&dq=Greenberg,+Simon,+Christopher+Kee,+and+J.+Romesh+Weeramantry.+International+commercial+arbitration:+an+Asia-Pacific+perspective.+Cambridge+University+Press,+2010.&ots=wZ6hcmq4W1&sig=jzJYLki7an9J2fulK0yxr2YM3bg

Halket, Thomas D., ed. Arbitration of international intellectual property disputes. Juris (Publishing, Inc., 2012). https://books.google.com/books?hl=en&lr=&id=pkLSAwAAQBAJ&oi=fnd&pg=PR13&dq=Halket,+Thomas+D.,+ed.+Arbitration+of+international+intellectual+property+disputes.+Juris+(Publishing,+Inc.,+2012).&ots=YG6Lm0aMNe&sig=LUVbwgo0w23VVEu2ESMhg-_JuS0

Jalal El-Ahdab. Arbitration with the Arab countries. (Kluwer Law International, 2011). https://books.google.com/books?hl=en&lr=&id=HxNnKrpBQaEC&oi=fnd&pg=PR4&dq=the+Arbitration+laws+in+jordan+and+saudi+arabia+&ots=v4xLiPDCpn&sig=Qm_-Qk7AX59tgt3fqhl7vc5z2hU

Jenkins, Jane, and Simon Stebbings. International construction arbitration law. Vol. 1. (Kluwer Law International, 2006). https://books.google.com/books?hl=en&lr=&id=ZW-2Gk6FM4kC&oi=fnd&pg=PA1&dq=Jenkins,+Jane,+and+Simon+Stebbings.+International+construction+arbitration+law.+Vol.+1.+(Kluwer+Law+International,+2006).&ots=QQkRwHexhR&sig=_5d5YPb_pKndUeIGexpLqN_KiHc

Kolkey, Daniel M., Richard Chernick, and Barbara Reeves Neal. Practitioner’s Handbook on International Arbitration and Mediation. (Huntington, N.Y.: Juris Net, 2012). http://www.jurispub.com/cart.php?m=product_detail&p=10489

Mann, Richard, and Barry Roberts. Business law and the regulation of business. (Cengage Learning, 2013). https://books.google.com/books?hl=en&lr=&id=6mFB6ewnUI0C&oi=fnd&pg=PR3&dq=Mann,+Richard,+and+Barry+Roberts.+Business+law+and+the+regulation+of+business.+(Cengage+Learning,+2013).&ots=6y-gWMqtwT&sig=caVruBqT0G3wH1KMj-m2imOz4Kc

Mattli, Walter, and Thomas Dietz. International Arbitration and Global Governance: Contending Theories and Evidence. (Oxford University Press, 2014). https://books.google.com/books?hl=en&lr=&id=h1TwAwAAQBAJ&oi=fnd&pg=PP1&dq=Mattli,+Walter,+and+Thomas+Dietz.+International+Arbitration+and+Global+Governance:+Contending+Theories+and+Evidence.+(Oxford+University+Press,+2014).&ots=k8XcrI4fKX&sig=ns3FeCPg4SRy3J84dUi78ca2wV4

Merkin, Robert, and Louis Flannery. Arbitration Act 1996. Informa, 2008. http://eprints.soton.ac.uk/73375/

Mistelis, Loukas A., Laurence Shore, and Hans Smit. National Arbitration Laws. (Huntington, N.Y.: Juris, 2010). https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ved=0CCoQFjACahUKEwisuO7ukZnIAhUHMhoKHca1CzU&url=http%3A%2F%2Fwww.jus.uio.no%2Flm%2Farbitration%2Fnational.laws.html&usg=AFQjCNH7P3YRV82zim7eOzWtwRccljrY0Q&sig2=Udyidm6UIB0tvSt-cFmiRQ&bvm=bv.103388427,d.d2s

Morrissey, Joseph F., Jack M. Graves, and Eric E. Bergsten. International Sales Law and Arbitration: Problems, Cases and Commentary. Alphen aan den Rijn. (Kluwer Law International, 2008). https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ved=0CCwQFjACahUKEwiDqNXwkpnIAhWDvRoKHfRQBa8&url=https%3A%2F%2Fbooks.google.com%2Fbooks%2Fabout%2FInternational_Sales_Law_and_Arbitration.html%3Fid%3DsB4WIi_So4QC&usg=AFQjCNGic2EnGl9yJWq4-8ENDA38rNK9DA&sig2=HwPVRKmeMDBXw4uQlmpK7Q

Moser, Michael J., ed. Arbitration in Asia. Juris Publishing, Inc., 2008. https://books.google.com/books?hl=en&lr=&id=bMZ7F6s-yXkC&oi=fnd&pg=PR21&dq=Moser,+Michael+J.,+ed.+Arbitration+in+Asia.+Juris+Publishing,+Inc.,+2008.&ots=_V4BQTRxa8&sig=L3jOD-91JEsQQD6k36wIITO5U1E

Mwenda, Kenneth Kaoma. Principles of Arbitration Law. Parkland, Fla. (Brown Walker Press, 2003). https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&cad=rja&uact=8&ved=0CCwQFjADahUKEwjQnc21k5nIAhWG2BoKHVGcB-A&url=http%3A%2F%2Fwww.bookpump.com%2Fbwp%2Fpdf-b%2F1124090b.pdf&usg=AFQjCNG3yw7xKxPoEVYpCuZwNp_r9IweNg&sig2=tnsUktpvugXcW7EqU2McFg&bvm=bv.103388427,d.d2s

Park, William W. Arbitration of international business disputes: studies in law and practice. (Oxford University Press, 2012). https://books.google.com/books?hl=en&lr=&id=_7bbbYL18AkC&oi=fnd&pg=PT21&dq=Park,+William+W.+Arbitration+of+international+business+disputes:+studies+in+law+and+practice.+(Oxford+University+Press,+2012).&ots=UQ_psl_PEI&sig=1HUpdxOE9MXjsQUfqjEmwuO2qU4

Poudret, Jean-François, and Sébastien Besson. Comparative law of international arbitration. (Sweet & Maxwell, 2007). https://books.google.com/books?hl=en&lr=&id=wPRaZaEV3kEC&oi=fnd&pg=PR5&dq=the+UK+Arbitration+laws+&ots=8f0HNwF5Oc&sig=eUG7I48AwP7ErIYJa0tYs3-CGbQ

Pouget, S. O. P. H. I. E. “Arbitrating and mediating disputes.” Policy research Working paper (2013). https://www.international-arbitration-attorney.com/wp-content/uploads/arbitrationlawFDI-Arbitrating-and-Mediating-Disputes.pdf

Redfern, Alan, Nigel Blackaby, and Martin Hunter. Law and Practice of International Commercial Arbitration. (London: Sweet & Maxwell, 2004). https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&cad=rja&uact=8&ved=0CDMQFjADahUKEwjz74-Uk5nIAhUD1RoKHS0_Cb8&url=http%3A%2F%2Flegalresearch.westlaw.co.uk%2Fbooks%2Fredfern-hunter-law-practice-international-commercial-arbitration%2F&usg=AFQjCNE9hs33eVGU4oIOqgZk51CpSf72Cw&sig2=A6JnN6JBNbEZgxt9ukV0vQ

Rehman, Javaid. Islamic state practices, international law and the threat from terrorism: a critique of the’clash of civilizations’ in the new world order. Vol. 7. (Hart Publishing, 2005). https://books.google.com/books?hl=en&lr=&id=es9Sunv_y2MC&oi=fnd&pg=PR1&dq=Rehman,+Javaid.+Islamic+state+practices,+international+law+and+the+threat+from+terrorism:+a+critique+of+the%27clash+of+civilizations%27+in+the+new+world+order.+Vol.+7.+(Hart+Publishing,+2005).&ots=XvT-9nohfA&sig=SLeonQvZWlh-24VfbWwFbY_CPqI

Selby, Jennifer A. Debating Sharia: Islam, Gender Politics, and Family Law Arbitration. University of Toronto Press, 2012. https://books.google.com/books?hl=en&lr=&id=smZNv0X3KiEC&oi=fnd&pg=PP1&dq=arbitration+and+sharia+laws&ots=YKAoY6m0sD&sig=0kW5Joz5GWieGCoXg_Bgq2WdpPo

Szalai, Imre. Outsourcing Justice: The Rise of Modern Arbitration Laws in America, (Durham, North Carolina: Carolina Academic Press, 2013). https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CB0QFjAAahUKEwj4r9zKk5nIAhWGOBoKHU-OCbg&url=http%3A%2F%2Fwww.cap-press.com%2Fbooks%2Fisbn%2F9781611632026%2FOutsourcing-Justice&usg=AFQjCNHf4BGSwaFJCunoJ3M9Mze1fdwniQ&sig2=1LSNsrUtNIaodYYwViNtMw

Tao, Jingzhou. Arbitration Law and Practice in China. (Austin, Tex. Wolters Kluwer Law & Business, 2008). https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CB0QFjAAahUKEwivsrXIkpnIAhUFLhoKHWpxBgE&url=http%3A%2F%2Fwww.wklawbusiness.com%2Fstore%2Fproducts%2Farbitration-law-practice-china-3rd-prod-9041140468%2Fhardcover-item-1-9041140468&usg=AFQjCNFrnPYklP1wU_wFuPJGdrLLnFMiDw&sig2=JjGFfRL5cQG4OFQjJoaKyA

United Nations Commission on International Trade Law. UNCITRAL Model Law on International Commercial Arbitration 1985, (With Amendments As Adopted in 2006. Vienna [Austria]: United Nations, 2008). https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CB0QFjAAahUKEwjhlMDlk5nIAhXFWxoKHVgHBa4&url=http%3A%2F%2Fwww.uncitral.org%2Funcitral%2Fen%2Funcitral_texts%2Farbitration%2F1985Model_arbitration.html&usg=AFQjCNFwOhtSWHkr0wzgshwsMk_uvz2PIw&sig2=CRXPtDBqC4GH1UPYS197cQ

Whincup, Michael H. Contract law and practice: the English system with Scottish, Commonwealth, and Continental comparisons. (Kluwer law international, 2006). https://books.google.com/books?hl=en&lr=&id=3N2fiMcawKUC&oi=fnd&pg=PR16&dq=Whincup,+Michael+H.+Contract+law+and+practice:+the+English+system+with+Scottish,+Commonwealth,+and+Continental+comparisons.+(Kluwer+law+international,+2006).&ots=–5VXo2Ag-&sig=5b_69b3GAimGkhn2F5gvKMRY3K8


[1] Al Ateyat, Mostafa, and Ahmad Kh Al Dhahir. “Overview on Online Arbitration and Procedures (Jordan as an Example).” Canadian Social Science A9, no. 2 (2013): 82-91.

[2] Born, Gary. International commercial arbitration. Vol. 1. The Hague: Kluwer Law International, (2009). 14

[3] Stovall, Howard L. “Arab Commercial Laws-Into the Future.” International Law 34 (2000): 839.

[4] Kutty, Faisal. “Shari’a Factor in International Commercial Arbitration, The.” Loy. LA Int’l & Comp. L. Rev. 28 (2006): 565

[5] Malkawi, Bashar H. “The feasibility of alternative dispute resolution to resolve intellectual property disputes in Jordan.” Journal of Intellectual Property Law & Practice 8, no. 2 (2013): 146-153.

[6] Ibid, 146

[7] Sayen, George. “Arbitration, conciliation, and the Islamic legal tradition in Saudi Arabia.” U. Pa. J. Int’l Econ. L. 24 (2005): 905

[8] Ibid, 905

[10] Thomas, S. Breckenridge. “International arbitration: A historical perspective and practice guide connecting four emerging world cultures: China, Mexico, Nigeria, and Saudi Arabia.” Am. Rev. Int’l Arb. 17 (2006): 183-615

[11] Aḥdab, ʻAbd al-Ḥamīd, and Jalal El-Ahdab. Arbitration with the Arab Countries. (Alphen aan den Rijn: Kluwer Law International, 2011).

[12] Bhatia, Vijay K., Christopher N. Candlin, and Maurizio Gotti. “Contested identities in international arbitration practice.” Discourse and Practice in International Commercial Arbitration. Issues, Challenges and Prospects (2012)

[13] Born, Gary. International Arbitration. (Law and Practice, 2012).

[14] Bühring-Uhle, Christian, Lars Kirchhoff, and Gabriele Scherer. Arbitration and Mediation in International Business. Alphen aan den Rijn (Netherlands), (Kluwer Law International, 2006).

[15] Cremades, Bernardo María. Modernization of National Arbitration Laws in Aid of International Commercial Arbitration. (Washington: World Peace Through Law Center, 2009).

[16] Farani, M. The Arbitration Laws. Lahore [Pakistan]. (Lahore Law Times Publications, 2002).

[17] Ferrari, Franco. Conflict of Laws in International Arbitration. (München: Sellier, 2011).

[18] Ghouri, Ahmad Ali. Law and Practice of Foreign Arbitration and Enforcement of Foreign Agreements and Awards in Pakistan. (Heidelberg: Springer, 2012).

[19] Jalal El-Ahdab. Arbitration with the Arab countries. (Kluwer Law International, 2011).

[20] Kolkey, Daniel M., Richard Chernick, and Barbara Reeves Neal. Practitioner’s Handbook on International Arbitration and Mediation. (Huntington, N.Y.: Juris Net, 2012).

[21] Mistelis, Loukas A., Laurence Shore, and Hans Smit. National Arbitration Laws. (Huntington, N.Y.: Juris, 2010).

[22] Morrissey, Joseph F., Jack M. Graves, and Eric E. Bergsten. International Sales Law and Arbitration: Problems, Cases and Commentary. Alphen aan den Rijn. (Kluwer Law International, 2008).

[23] Mwenda, Kenneth Kaoma. Principles of Arbitration Law. Parkland, Fla. (Brown Walker Press, 2003).

[24] Poudret, Jean-François, and Sébastien Besson. Comparative law of international arbitration. (Sweet & Maxwell, 2007).

[25] Redfern, Alan, Nigel Blackaby, and Martin Hunter. Law and Practice of International Commercial Arbitration. (London: Sweet & Maxwell, 2004).

[26] Szalai, Imre. Outsourcing Justice: The Rise of Modern Arbitration Laws in America, (Durham, North Carolina: Carolina Academic Press, 2013).

[27] Tao, Jingzhou. Arbitration Law and Practice in China. (Austin, Tex. Wolters Kluwer Law & Business, 2008).

[28] United Nations Commission on International Trade Law. UNCITRAL Model Law on International Commercial Arbitration 1985, (With Amendments As Adopted in 2006. Vienna [Austria]: United Nations, 2008).

[29] Whincup, Michael H. Contract law and practice: the English system with Scottish, Commonwealth, and Continental comparisons. Kluwer law international, 2006.

[30] Jenkins, Jane, and Simon Stebbings. International construction arbitration law. Vol. 1. Kluwer Law International, 2006.

[31] Mann, Richard, and Barry Roberts. Business law and the regulation of business. Cengage Learning, 2013.

[32] Pouget, S. O. P. H. I. E. “Arbitrating and mediating disputes.” Policy research Working paper (2013).

[33] Halket, Thomas D., ed. Arbitration of international intellectual property disputes. Juris Publishing, Inc., 2012.

[34] Mattli, Walter, and Thomas Dietz. International Arbitration and Global Governance: Contending Theories and Evidence. Oxford University Press, 2014.

[35] Rehman, Javaid. Islamic state practices, international law and the threat from terrorism: a critique of the’clash of civilizations’ in the new world order. Vol. 7. Hart Publishing, 2005.

[36] Park, William W. Arbitration of international business disputes: studies in law and practice. Oxford University Press, 2012.

[37] Chamlongrasdr, Dhisadee. Foreign state immunity and arbitration. Cameron May, 2007.

[38] Bostanji, Abdulfatah J. Legal Translation in Saudi Arabia: A Contrastive Analysis of Linguistic Challenges Encountered by Practitioners. University of Western Sydney, 2010.

[39] Casey, J. Brian. Arbitration Law of Canada: Practice and Procedure. Juris Publishing, Inc., 2012.

[40] En Droit, Ezzeldin Foda Licencié. The projected Arab Court of Justice: a study in regional jurisdiction with specific reference to the Muslim law of nations. Springer, 2013.

[41] Colon, Julio C. “Choice of law and Islamic finance.” Tex. Int’l LJ 46 (2010): 411.

[42] Gemmell, Arthur J. “Commercial Arbitration in the Islamic Middle East.” Santa Clara J. Int’l L. 5 (2007): i.

[44] El-Ahdab., Jalal. “Arbitration with the Arab countries.” Kluwer Law International, 2011: 402-413.

[45] Kutty, Faisal. “Shari’a Factor in International Commercial Arbitration, The.” Loy. LA Int’l & Comp. L. Rev. 28 (2006): 565

[46] Bühring-Uhle, Christian, Lars Kirchhoff, and Gabriele Scherer. Arbitration and Mediation in International Business. Alphen aan den Rijn (Netherlands), (Kluwer Law International, 2006).

[47] Sarcevic, Petar. Essays on International Commercial Arbitration, (London: Graham & Trotman/M. Nijhoff, 1989).

[48] Mann, Richard, and Barry Roberts. Business law and the regulation of business. Cengage Learning, 2013.

[49] Chamlongrasdr, Dhisadee. Foreign state immunity and arbitration. Cameron May, 2007.