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2006

Dispute Resolution and Arbitration

Archived Theses and Dissertations

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Dispute Review Boards: Expected Application On Egyptian Large Scale Construction Projects, Islam Hassan El-Adaway Jun 2006

Dispute Review Boards: Expected Application On Egyptian Large Scale Construction Projects, Islam Hassan El-Adaway

Archived Theses and Dissertations

No abstract provided.


Adversarial Or Inquisitorial: Which Approach Is Closer To Arbitration?, Ahmed Galal Zaki May 2006

Adversarial Or Inquisitorial: Which Approach Is Closer To Arbitration?, Ahmed Galal Zaki

Archived Theses and Dissertations

Adversarial techniques such as pre-trial discovery of documents, cross-examination, and lengthy oral pleadings are now in vogue in the conduct of international commercial arbitration proceedings. This paper responds to this trend by analyzing both the adversarial and the inquisitorial systems in an attempt to demonstrate which is more fulfilling to the objectives of international commercial arbitration. These objectives are party autonomy, neutrality, efficiency, flexibility, and confidentiality. In the finale, the paper provides that although the adversarial system is in line with the autonomy rights of those who opt for arbitration, its inquisitorial counterpart is more neutral, efficient, flexible, and confidential. …