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European Financial Regulations – Post Crisis Ciarb Presentation.Pdf, Mohamed Raffa Apr 2016

European Financial Regulations – Post Crisis Ciarb Presentation.Pdf, Mohamed Raffa

Mohamed Raffa Dr.

The presentation considers the case for Financial Regulations in financial markets, post crisis by reference to a selection of recent interpretations and cases involving European Union regulations.
The presentation also makes reference to a limited number of cases in other jurisdictions in which those regulations are a measure of the sorts of complicated financial disputes that may arise again in the future.
This is a review of the current knowledge on various tradeoffs regarding public policies towards systemic financial and corporate sector restructuring.
It discusses empirical findings that consistency in the framework adopted for bank and corporate restructuring is the …


Choosing The Law Of An Arbitration Agreement, Mohamed Raffa Jan 2014

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 Jan 2014

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.


Arbitration, Women Arbitrators And Sharia, Mohamed Raffa Dr. Feb 2013

Arbitration, Women Arbitrators And Sharia, Mohamed Raffa Dr.

Mohamed Raffa Dr.

So, can the Arbitrator be a woman? Omar, the third Khalipha in Islam after Prophet Muhammad, actually appointed a female judge. Today, across the various Muslim countries, there are female judges in almost every Muslim country except in Saudi Arabia. There are about 70 female Iraqi judges, 10 female judges in the UAE, 20 in Egypt female judges and Arbitrators, Nigeria recently appointed the first female Chief Justice in Africa as well as it has one of the largest National Associations of Women Judges; with more in other Muslim Countries including Indonesia and Malaysia.


Amiable Composition And Ex Aequo Et Bono Arbitration, Mohamed Raffa, Mohamed Raffa Jan 2013

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.


Challenging Arbitration Awards In England, Northern Ireland And Wales, Mohamed Raffa May 2011

Challenging Arbitration Awards In England, Northern Ireland And Wales, Mohamed Raffa

Mohamed Raffa Dr.

Challenging the award under England Arbitration Act 1996 is provided for in a wider scope than the UNCITRAL Model Law, albeit its policy is clearly in favour of finality of awards.