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Full-Text Articles in Dispute Resolution and Arbitration
Choosing The Law Of An Arbitration Agreement, Mohamed Raffa
Choosing The Law Of An Arbitration Agreement, Mohamed Raffa
Mohamed Raffa Dr.
The importance of choosing the law governing an arbitration agreement regardless of the choice of the seat. Parties to a contract may not be aware that an arbitration agreement is separable and distinct from the main contract between the parties.
What Has Sharia Got To Do With Arbitration, Mohamed Raffa
What Has Sharia Got To Do With Arbitration, Mohamed Raffa
Mohamed Raffa Dr.
In Arbitration, parties do not seek revenge as in criminal proceedings, they are there to seek equitable justice in compensation. In Sharia, rules are set to eliminate equitable injustice. For cultural differences as well as misconceptions due in large to the influence of Sharia based local laws and the complicated enforcement schemes, many foreign investors have been reluctant to seat their arbitrations in countries that apply Sharia or to attach themselves to a contract with a ‘Sharia Arbitration’ clause.
Amiable Composition And Ex Aequo Et Bono Arbitration, Mohamed Raffa, Mohamed Raffa
Amiable Composition And Ex Aequo Et Bono Arbitration, Mohamed Raffa, Mohamed Raffa
Mohamed Raffa Dr.
Amiable Composition and arbitration ex aequo et bono are variations of commercial arbitration in which the parties expressly agree that the Arbitrator is not bound by strict rules of law and is free to give effect to general considerations of equity and fair-play on an award decided upon being equitable and bona fide.