LEGAL PLUS Global’s Post

Contracts in the Arabian Gulf During the Corona Pandemic (Covid-19) The UNCITRAL By Dr. Tilal Fahmi UNCITRAL Model Law on International Commercial Arbitration (1985) with Amendments Adopted in 2006: This Model Law aims to assist States in reforming and updating their laws relating to arbitration procedures to take into account the special features and needs of international commercial arbitration. The law deals with all stages of the arbitration process, starting with the arbitration agreement, the composition and jurisdiction of the Arbitral Tribunal and the scope of the Court's intervention through the recognition and enforcement of the arbitral award. The law embodies a global consensus on key aspects of international arbitration practices, having been accepted by Countries from all regions and from different legal or economic systems of the world including the Kingdom of Saudi Arabia and the Arab Gulf states. On 7 July 2006, UNCITRAL adopted amendments to Articles (1), (2), (7) and (35) and adopted a new Chapter IV[a] to replace Articles (17) and Article (2-[a]) new. The revised version of Article (7) is intended to update the clause related to the form of the arbitration agreement in order to better conform to international contract practices. The newly created Chapter (IV [a]) lays down a more comprehensive legal regime to deal with interim measures taken in support of arbitration. As of 2006, the standard version of the Model Law is its amended version. The original 1985 text is also reproduced since there are many national legislations that have been enacted based on this original version. To be continued...

Papua New Guinea's Arbitration (Domestic) Act 2024 and Arbitration (International) Act 2024 have finally commenced on 15 July 2024, upon publication of the relevant notice in the National Gazette. If you want to know more about the key features of the new arbitration regime, check out our article published earlier this year for Wolters Kluwer: International Arbitration & Mediation blog

International Arbitration in the MENA Region International arbitration is rapidly gaining popularity over litigation in the MENA region, particularly in countries like the UAE and Qatar. MENA nations are enacting legislation and adopting international arbitration laws to create a more arbitration-friendly environment and attract investors. Challenges remain, including navigating Sharia law, ensuring the enforceability of awards, and addressing procedural nuances unique to the region. Link for the Article: https://lnkd.in/gDJND5Kf Supervised By: Kalyan Krishna Bandaru White Code VIA Mediation & Arbitration Centre #InternationalArbitration #MENARegion #UAE #Qatar #Legislation #ShariaLaw #Enforceability #InvestmentTreaties #ArabInvestmentCourt #RegionalArbitrationOrganizations

My colleague Thomas R. Snider offers his insights below on the key international arbitration developments of 2024 in the GCC, and their potential influence on the developments anticipated in 2025.

The Growing Relevance of International Investment and Commercial Arbitration As arbitration becomes increasingly important in global dispute resolution, the recent article by Jaya Vasudevan and Apoorvi Shrivastava in The Hindu Online (https://lnkd.in/eJJ9E4Ux) highlights the pressing need for specialized education in this field. They emphasize how arbitration provides a structured, swift, and effective alternative to traditional litigation, especially in complex cross-border disputes. The authors suggest that landmark cases like Pakistan-Tethyan Copper and India-Vodafone are demonstrating the intricate challenges faced in international arbitration and that it's clear that well-trained experts are crucial to navigating these high-stakes disputes. Vasudevan and Shrivastava argue that a well-structured Master’s Programme in International Investment and Commercial Arbitration is essential to closing this gap. Luckily, the International Arbitration Master at Erasmus School of Law covers all the critical components mentioned in the abovementioned article. Learn more about our master program during the upcoming Master Open Day on 23 November 2024 (https://lnkd.in/dG_CuTy). Join us in shaping the future of arbitration and equip yourself with the skills to meet the evolving demands of global dispute resolution. #ErasmusUniversity #InternationalArbitration #ErasmusSchoolOfLaw

EXPEDITED INTERNATIONAL ARBITRATION: POLICIES, RULES AND PROCEDURES I am pleased to announce the publication of Expedited International Arbitration: Policies, Rules and Procedures, by Kluwer Law International. I co-edited, and contributed to the book along with my colleague, Dr Herman Verbist, a partner with Everest in Belgium. Anna Joubin-Bret, the secretary of UNCITRAL, graciously wrote the foreword. The book comprises 19 chapters and features 31 distinguished practitioners, academics and experts in the field from around the world. It provides diverse perspectives on the various methods adopted to provide an expeditious and cost-effective means for international dispute resolution. The book considers how expedited international arbitration policies and procedures, including the 2021 UNCITRAL Expedited Arbitration Rules, operate and affect international commercial arbitration, investor-State arbitration and mediation globally. This insightful book will be of interest to practitioners and stakeholders as they seek to return international commercial arbitration to its foundational underpinnings: a prompt, productive and cost-effective means of resolving commercial disputes. Further information, as well as the ability to order the book, may be found here: https://lnkd.in/gdz6R_zE.

The first #CCJA english ruling, is under the leadership of her President, Mrs Esther NGO MOUTNGUI from 🇨🇲, a tri-legal system with #civil_law, #common_law and #traditional_law.

The OHADA Common Court of Justice and Arbitration made history. Though the organisation is often perceived as civil law or french based, it in fact embodies both systems. In this real property attachment ruling of the Common Court of Justice and Arbitration dated 30th May 2024, between SPLENDEUR HOTELS & RESORTS PLC and AZIRE COOPERATIVE CREDIT UNION (AZICCUL), two companies incorporated respectively in Limbe and Bamenda, two towns situated in the english speaking parts of Cameroon, the Court reiterated the principle laid down by article 300 of the Uniform Act organizing simplified recovery procedures and enforcement measures, according to which judgements in matters of real property attachment are not subject to appeal, except in few exceptions listed exhaustively. The purely technical and legal aspects of this case aside, it is worth noting that this is the first ever english-language ruling by the OHADA Common Court of Justice and Arbitration, since it began operating in 2001. For the record, the Organisation has four working languages, namely, French, English, Spanish and Portuguese. OHADA is thus a reflection of its Member States, such as Cameroon, where both common law and civil law systems co-exist. I have in fact studied and practised in both systems. There is therefore no obstacle to the future accession of common law countries. The Court, which is currently presided over by Esther NGO MOUTNGUI, shows with this ruling that it is firmly committed delivering justice in the language of the parties to the proceedings. Africa Arbitration Academy Dr. Abayomi Okubote, FCIArb, MBA Patrick Libam Moutngui Dr Karel Osiris DOGUÉ, (LL.D. Montreal) Olatoundé Marius ATTINDOGBE Chinenye Onyemaizu Alexis Ndzuenkeu Mayatta Ndiaye MBAYE Kamel Diab Myriam Seers Gaelle Ngue Epanty MBANDA Gerad Nsa Mabuson ESQ.,Joy Mgbado Groupement des Entreprises du Cameroun (GECAM)

Do not miss the opportunity to join VK lawyers at Dubai Arbitration Week (DAW) on Nov 14th. This panel will be focusing on treaty interpretation and modification, as an emerging issue in the field of investment arbitration. #DAW #Investment #Arbitration

Bae, Kim & Lee LLC has strengthened its international arbitration practice with the onboarding of former A&O Shearman partner Chris Mainwaring-Taylor as a senior foreign attorney, boosting the firm’s capability to take on large-scale international disputes work frequently governed by English law. Tony DongWook KANG of Bae, Kim & Lee, said: “We are thrilled and proud to have Mainwaring-Taylor on board. By expanding the scope of cross-border works, we are now able to provide more global and specialised services regardless of its jurisdiction or governing law.” The international arbitration specialist began his legal career at Allen & Overy in London in 2003 and served for more than 12 years. He built and led the global firm’s international arbitration team in the Middle East between 2012 and 2018. Read more about the legal market on Asia Business Law Journal. 👉 Join our membership: https://lnkd.in/gi5sZaTn #lawdotasia #ablj #iblj #cblj #asia #singapore #arbitration #disputeresolution #energylaw #corporatelaw #legalnews #inhousecounsel #business #legalprofession #lawfirms #lawyers #legal #law