Law Commons^™

Arbitration In Concluded Securities Exchange Trading Contracts Between The Financial Intermediary And The Investor In Light Of The Uae Law, Dr. Ramzi Madi, Samer Al-Maaytah

UAEU Law Journal

With the growing role of financial brokers in securities exchange trading operations in stock markets and their monopoly of buying and selling securities for the account of investors in the financial markets, this has led to the emergence of many disputes between financial brokers and their clients resulting from buying and selling orders for the purpose of concluding trading operations issued by the investor for financial intermediate.

Because of the technical nature of securities exchange trading operations, many countries have sought to find appropriate means to settle such disputes of a special nature, and found that arbitration is one of …

The Arbitration In Urgent Matters In Light Of The Comparative And The Uae Laws, Prof. Sayed Mahmoud Ahmed, Dr. Mahmoud Fayyad

UAEU Law Journal

The interim protection for legal rights is one of the methods of judicial protection that avoids the risk of delay in the implementation of the law and in providing objective protection for these rights and centers, as well as to preserve them from this risk by taking urgent, temporary or conservative measures by issuing judgments or orders. Therefore, the aim of this research is to answer the following questions: does the arbitrator have the right to consider interim requests to achieve this protection, and if yes what is the legal base of this authority? What are the authorities of the …

The Determination Of Applicable Law In International Commercial Arbitration, Dr. Obaid Saqer Busit

UAEU Law Journal

Arbitration as means of settling commercial disputes between parties of different nationalities has been a popular and successful alternative to national court proceedings. Moreover, arbitration allows the parties to choose the applicable law governing their agreement. International arbitral rules generally allow the parties to an arbitration agreement to choose the substantive law that will govern the dispute. 1 However, this right of choice of applicable law involves various elements, one of the most troublesome of which is the choice of substantive law to be applied in a given dispute. An arbitrator is bound to reach a decision in accordance with …

Significance Of Arbitration Islamic Jurisprudence-Dr. Abdul Majeed Al-Susuah

UAEU Law Journal

The significance of the concept of arbitration in Islam stems Form the fact that the verdict that the arbitrator reaches is considered binding for both adversaries. That is, his ruling cannot be rebutted, unless a legitimate justification calls for a rebuttal. Both adversaries can dismiss the arbitrator before he reaches his verdict. However, an opponent cannot dismiss the arbitrator after he listened to the case unless the other opponent agrees. The adversaries' approval of the arbitrator's decision is not required as long as it conforms with the Islamic Jurisdiction.

The convict has the right to file a petition, rebutting the …

The Obligatory Nature Of Arbitration Awards And Their Implementation In National And International Arbitration Dr. George Hazbon Hazbon & Dr. Radwan Obaidat, George Hazboun

UAEU Law Journal

This research aimed to analyse the arbitration award in it's various natures to deal with the principle of resjudicate issue in the domestic arbitration, the foreign arbitration and the private international one. Also the research dealt with the exceptions to the principle in a comparative view, to focus finally on the possibility of considering an absolute effect of the principle besides the relative one.

The Judicial Control Of Arbitration In The Jordanian Law, Mohannad Azmi Abou-Moghli, Amjad Hamdan Juhani

UAEU Law Journal

This paper deals with the courts' supervision over the arbitration decision in the Jordanian Law in light of the New York Convention of 1958. The Courts' supervision consists of two forms: the supervision over the invalidation application of the arbitration decision and the supervision over the enforcement of the arbitration decision.

For this purpose, this paper was divided into two main sections in addition to an introductory section which dealt with the forms of cooperation between courts and arbitration. The first section discussed the invalidation suit of the arbitration decision while the second section dealt with its enforcement. Finally, the …

Arbitration In Discord Between The Spouses And Mechanisms Developed In Eliminating The Legitimate Jordanian, Abdullah Mohammed Rababaa, Mohamed Mahmoud Tlafha, Osama Ali Rababaa

UAEU Law Journal

This research covers the subject of Arbitrating between the Couples when conflict occurs between them. This paper shows the meaning of Arbitrating, conflict and any other terms related to them. Arbitrating aims at bringing peace and resolve conflicts between the Couples which serves the objectives of shari'a. The paperalso shows its importance and the conditions and character is tics of Arbitrators.

The paper discussing the phases of this process, beginning by the agreement on arbitrating as a method to solve the conflict, and the stay of the a garment between the opponents and the arbitrator and assigning recognizable as a …

Writing Condition And Electronic Arbitration A Comparative Study, Ibrahim Sabri Al-Arnaout

UAEU Law Journal

This research is concerned with the issue of writing the arbitration agreement which is a formal condition required by the comparative legislation to conclude the arbitration agreement. Its purpose is to identify all the legal aspects of this condition and demonstrate its concept, nature and aspects. Then a question about the extent of the need for the traditional writing condition for the electronic arbitration agreement to be legal and correct is raised out with respect to showing the concept of this kind of arbitration. Namely, how the writing condition is satisfied within it and what the required conditions for the …

The Legal Nature Of Arbitration Disputes In The Iraqi Market For Securities: A Comparative Study., Nasser Jalal, Zaala Said Yahya

UAEU Law Journal

Some Arab legislation pursues arbitration as a single machinery to resolve disputes arising in the stock markets. This includes the Temporary Law for Stock Markets of Iraq No. (74) issued in 2004, which dealt with arbitration as a key access to resolve disputes in the Iraqi Stock market. This trend has been addressed by the Arbitration Rules of Procedure of Iraqi Stock Market in 2008; the legislature believed in arbitration as a best approach to settle disputes which could arise either between brokers or between them and the dealers. This regulation raises several questions such as: is the nature of …

Arbitration In Disputes Between Traders In The Jordanian National Capital Market, Murad Mahmoud Almawajdeh

UAEU Law Journal

The Jordanian legislator has adopted voluntary arbitration system as an alternative means for the state judiciary to resolve the disputes between the traders in the national capital market of Jordan. Parties often seek to resolve their disputes through arbitration because of a number of perceived potential advantages over judicial proceedings: arbitration is often faster than litigation in court, it can be cheaper and more flexible for businesses, and arbitral proceedings are generally non-public and can be made confidential.

So, we discussed in this research the legal provisions for arbitration in light of rules and regulations of the Amman Stock Exchange …

Legal Aspects Of Recognition By Virtue Of Electronic Arbitration In The 1958 New York Convention, Dr. Ziad Khalifa Al-Anzi, Abdullah Hamid Algoiri

UAEU Law Journal

The resolution instruments of e-commerce disputes and the e-arbitration have emerged and developed as the result of spreading of e-commerce. International conventions governing the arbitration have not kept pace with these developments. The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the "1958 New York Arbitration Convention", is the most important of these conventions. This convention deals with many legal problems of the use of electronic means of arbitration, including the requirement of traditional writing of the arbitration agreement, submitting of the original agreement certified by the competent authorities and the exchange of notifications and …

Mediation Is A Means Of Settling Family Disputes: Study On The Jordanian Personal Status Law, Mohamed Khalaf Bani Salama

UAEU Law Journal

The mediation gained great interest recently by jurists and scholars in order to search for the best ways to relieve on the convict and liabilities alike, the mediation association has resulted in all fields of life, especially in family life.

This study examined about the history of mediation, identity, types, advantages and objectives of the mediation, also it talked about the mediation as an alternative means to settle family disputes in the Jordanian Personal Status Law.

The researcher found in this study that the practice of the mediation is the strongest single administration in the dispute settlement movement, and that …

The Invalidity Of The Arbitration Award In The Saudi Law, Hussein Shehada Al Hussein

UAEU Law Journal

The judicial ruling is issued by the judges of the State whom are appointed, after the verification of certain conditions on both personal and scientific sides. Despite their scientific and practical qualification, the judgments of the State's jurisdiction shall be subject to appeal according to the judicial system of each country, unlike the arbitration awards. It should be noted that most of the Arab arbitration laws do not stipulate conditions in the arbitrator related to the scientific field , where the illiterate person in some countries can be arbitrator, The arbitration Law in Saudi did not require that the arbitrator …

The Problem Of Recourse To Arbitration In Intellectual Property Disputes Within National Laws: Comparative Study On Patent, Trademark And Copyright Disputes, Mahmoud Ismail Abu Turabi

UAEU Law Journal

This study tries to answer the following question: could the intellectual property rights being a subject of arbitration in case of dispute? To answer the question, we need to study the legal nature of the intellectual property and the legal basic to get protection. It is a comparative study between Jordanian law and French law.

Maintaining The Attractiveness Of Arbitration In A Changing World: The Acica Arbitration Rules And The Siac Arbitration Rules, Gabriel Moens, Camilla Andersen, Tracy Albin

UAEU Law Journal

Australian Centre for International Commercial Arbitration – Singapore International Arbitration Centre – Arbitration – Emergency Arbitrator – Interim Measures of Protection – Consolidation – Joinder – Confidentiality – Experts – Mediation – Judicialization of Arbitration – Popularity of Arbitration This article reviews the revised arbitration rules adopted by the Australian Centre for International Commercial Arbitration and the Singapore International Arbitration Centre. The rules of these prominent arbitration institutions are described, analysed and compared with each other. The authors concentrate on the most important revisions, including those relating to emergency arbitrators, interim measures of protection, and consolidation and joinder, among others. …

The Extent Of The Arbitrator's Immunity And Liability For His Faults: Analytical Study In The Saudi And French Legal Systems, Dr. Osman Murad Khalak

UAEU Law Journal

This study deals with the examination of the immunity of the arbitrator and his responsibility for his mistakes in the performance of the arbitration task towards the parties to the arbitration dispute, in the Saudi and French systems. The arbitration function requires that the arbitrator adjudicate the disputes before him under the arbitration agreement. He must therefore enjoy the same immunity as a judge in the exercise of his or her functions so that he or she can carry out all his responsibilities without any fear of being liable and raised by the parties to the dispute, especially if his …