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Articles 1 - 6 of 6
Full-Text Articles in Law
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.
Arbitration, Women Arbitrators And Sharia, Mohamed Raffa Dr.
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
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.
Egypt's Legal System, Mohamed Raffa
Egypt's Legal System, Mohamed Raffa
Mohamed Raffa Dr.
The Egyptian legal system is built on the combination of Islamic (Shariah) law and Napoleonic Code, which was first introduced during Napoleon Bonaparte’s occupation of Egypt and the subsequent education and training of Egyptian jurists in France.
Challenging Arbitration Awards In England, Northern Ireland And Wales, Mohamed Raffa
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.