Articles and Case notes

N° 1

Page 

1/ Articles Lebanon

11

1- Control on arbitral awards through the exequatur, By Ghaleb Ghanem.

14 

2- Control on arbitral awards contrary to public policy. By Chucri Sader 

18

3- Dispute resolutions method in procurements goods (Lebanese Law). By Ibrahim Najjar. Arab countries 

26 

4- The new Egyptian law on civil and commercial arbitration, By Abdul-Hamid El Ahdab.

48 

5- Reflections on arbitration law in Tunisia. By Omar El Sharif Ali.

52

6- Case law on arbitration in the Sultanate of Oman and other Arab countries, By Fadi Moghaizel.  
2/ Case notes 

56 

7-The arbitration clause in international commercial agency, By Nathalie Najjar

 

 

N° 2

 

6 1- Recognition and enforcement of foreign arbitral awards : by Jacques HAKIM

14 2- Arbitration in integrated economic agreements: by Mohammad BEN SEOUD AL-SAYARI

22 3- Enforcement of foreign court decisions and foreign arbitral awards in Jordanian Law, by Hamze HADDAD

29 4- The authority of courts in arbitration cases: by Hussein Mustapha FATHI

 

N° 3

 

Conference of Beirut (17-19 December 1996)

 

Foreword

 

1.                Prior to the Conference : Ceremony of signature of the Cooperation Protocol

 

5 - Cooperation Protocol between the Lebanese Arbitration Association and the Kuwaiti Ministry of Justice.

5 - Cooperation Protocol between the Lebanese Arbitration Association and the Cairo Regional Center of International Commercial Arbitration.

6 - Speech of H.E. Me Chafic WAZZAN.

7 - Opening Speech and presentation of the Speakers by Mr. Ziad HAMADEH.

8 - Speech of R.P. Paul AKL.

 

II - Opening Session of the Conference under the patronage of His Excellency the President of the Lebanese Republic.

 

9 - Speech of His Excellency Mr. Elias HRAOUI.

10 - Opening Speech and presentation of the Speakers by Mr. Mohammad Amine EL DAOUK.

11 - Speech of His Excellency Dr. Ahmad Ismat ABDUL MEGUID.

13 - Speech of M. Elias HANNA.

15 - Speech of M. Assaad DIAB.

16 - Speech of M. Samir ABILLAMAH.

17 - Speech of M. Abdul Hamid EL AHDAB.

19 - Speech of M. Salah Al HOUJEILAN.

20 - Speech of Mr. Ibrahim CHIHA.

 

First Panel : The different types of arbitration in the Arab Countries :

 

1 - The different types of arbitration in the Arab Countries, by Sir Michael Kerr (E).

5 - Critical comparative study of the arbitration procedure in the Arab Countries (E), by Mr. Chebli MALLAT.

21 - Maritime Arbitration in the Arab Countries, by Mr. Hani DOUEYDAR.

22 - History of Arbitration in the State of Kuwait. Comparative Study, by Mr. Nasser El-NASRALLAH.

 

Second Panel : The selection of the arbitrators.

 

8 - Questionnaire, by Philippe FOUCHARD (F).

9 - The selection of the arbitrators (F), by Mr. Hamid AL-ANDALOUSSI.

29 - The arbitrator's neutrality, by Mr. Wael TABBARAH.

31 - The selection of the arbitrators, by Mr. Yehia EL-GAMAL.

36 - The freedom in the selection of the arbitrators in Lebanese Law, by Hilmi HAJJAR.

12 - The selection of the arbitrators and the Arab legislations (F), by Mrs. Nayla COMEIR OBEID.

 

Third Panel : Enforcement of arbitral awards.

 

40 - Enforcement of international arbitral awards. A problem, by Ibrahim NAJJAR.

14 - Arbitration and mandatory rules (F), by Mr. Pierre GANNAGE.

17 - The conditions of recognition in Lebanon of an international arbitral award in matters of commercial representation (F), by Mr. Joe ISSA EL KHOURY.

20 - Exequatur procedures in the Arab Near East Countries (F), by Mrs. Nouhade RIZKALLAH.

42 - Incidents of enforcement of arbitral awards in the Arab countries, by Mr. Béchir BILANI.

45 - Powers of the judge of the exequatur, by Mr. Rafa't MIKATI.

 

Fourth Panel : Euro-Arab Arbitrations : an evaluation

 

22 - Introduction to the discussion (E), by Mr. Giorgio Bernini.

25 - Euro-Arab Arbitration : evaluation and perspectives(F), by Mr. Hadi SLIM.

47 - Evaluation of Euro-Arab Arbitration, by Mr. Mazhar AL-AMBARI.

49 - Evaluation of Euro-Arab Arbitration, by Mr. Abdul Hamid EL-AHDAB.

51 - Euro-Arab Arbitration : reality and perspectives, by Mr. Sélim Jreissati.

29 -General Report (F) By Mr. Yves Guyon.

54 - The recommandations

 

N° 4

I/ French Part  

 

A/ Articles :

 

1- The new English Arbitration Law, By Eric Robine

2- Comments on the ICC award in the case No 7418/95, By Fady Ziadé.

 

B/ Arbitral Awards :

 

1- ICC award in the case No 7418/95.

2- ICC awards concerning commercial agency.

 

II/ English Part :

 

A/ FIDIC :

 

- Dispute Resolution under the FIDIC Conditions of Contract, By Duncan Kirby Arics.

 

B- Egypt :

 

1- Note on two issues arising from the Arbitration Law No 27 for the year 1994, By Ali El Shalakany.

2- Some reflections on the new trends in the Field of International Commercial Arbitration, By M. Aboul Einein.

 

III/ Arabic Part :

 

A/ Articles :

 

1- Bahrain :

Recognition and enforcement of foreign arbitral awards in Bahrain under New York Convention of 1958, By Salah Ahmad Al Midfaa.

 

2- Egypt :

a- Reform of the dispute resolution procedures in civil and commercial matters, By Mohammad Fathi Naguib.

b- The standard arbitration agreement and its inclusion in different banking contracts, By Narimane Abdel Kader.
 

B/ International Conventions  

 

1- The amendment of the Lebanese-Syrian Convention concerning recognition and enforcement of arbitral awards, By Abdo Jamil

Ghossoub.

2- Introduction to the dispute resolution procedure organized under the World Trade Organization, By Hussein Moustafa FATHI.
 

 N°s 5&6

SPECIAL ISSUE:

 

The Kuwait International Commercial Arbitration Conference. (April 27 th - 23th 1997).

 

- Speech of the deputy prime minister and foreign minister recited by minister of justice, by Mohammed Dheaf Allah Sharar.

- International arbitration and its impact on promoting investment and capital inflow. (A) by Giorgio Bernini.

- Legal regulation forms of the international commercial arbitration, regarding the New York convention and the national law. (A) by Simeon Sahaydachny.

- International arbitration and its impact on promoting investment and capital inflow. By Samir Abillama.

- The international arbitration impact on investment and capital inflow. (F) by Bruno Leurent.

- Arabic summary of the report

- Cases in the making of arbitration conventions in the investment conventions and the dual power projects. By Richard Kreindler.

- Arbitration procedure: steps and practical considerations. (A), by Axel Baum.

- International arbitration and its impact on promoting investment and capital inflow. By Mohammed Amin Daouk.

- International arbitration in Lebanon and its role in the settlement of trade and investment disputes. By Ibrahim Najjar.

- The international arbitration in the islamic "fuqh" in the trade and investment fields. By Ali Bin Khames Al Alawi.

- English summary of the report

- Some important aspects of international arbitration in the settlement of trade disputes in the french equity trading regulation in the 16th century. (A)
by Claude Bessard.

- The jurisdictionnal control in the international arbitration field. (F) by Simone Rozes.

- Arabic summary of the report.

- International arbitration and its role in the settlement of trade and investment disputes. (A) by Soon Woo Lee.

- Some ideas and impressions on the international center for the settlement of investment disputes (ICSID). (A) by Brigitte Stern.

- International arbitration and its role in the settlement of trade and investment disputes; the Cairo Regional Center for international commercial arbitration experience. By Mohammed Abul Enein.

- The latest developments in the settlement of international construction agreements (the FIDIC agreements experience). By Ahmad Sharaf Al-Din.

- The maritime disputes in the region of the Middle- East and the importance of international arbitration. (A) by Mario Riccomagno.

- International arbitration and its role in the settlement of trade and investment disputes. (A) by Jacques Werner.

- International arbitration and the settlement of the B.O.T. projects disputes. (A) by Fritz Nicklisch.

- Preparing international arbitrators for the settlement of trade and investment disputes. (A) by Werner Melis.

- Preparing international arbitrators to deal with commercial and investment disputes. (A) by John Murray.

- The I.C.C. arbitration rules for 1998. (A) by Christopher Seppala.

- The pratical problems facing international arbitration and recommended remedies : disputes involving states or state entities. (A)
by Jean-François Bourque.

- The pragmatic problems facing the development of arbitration in the fields of international trade and
investment and its solution ways. (F) by Jean Louis de Grandcourt.

- The settlement of the commercial disputes in company mergers and acquisitions. By Bernardo M. Cremades.

- The importance of international commercial arbitration and the problems resulting from the execution of
arbitral awards according to the 1958 New York convention and the UNCITRAL law of 1985 and the situation in the Gulf. By Hussein Mohamad Al Baharna.

- The practical problems of international commercial arbitration and its remedies. By Abdel Hamid Al Ahdab.

- International commercial arbitration and its impact on trade and investment; the practical problems related to trade and investment and its remedies. (A) by Sir Michael Kerr.

- The role of the Kuwait Chamber of Commerce and Industry in the field of local and international commercial arbitration. By Ibrahim Moustafa Makarem.

- Regular arbitration and jurisdictionnal arbitration in the Kuwaiti's law. By Sayed Ahmad Mahmoud.

- Some problems of the jurisdictionnal arbitration according to the law n°11 of 1995 and remedies. By Mohamed Al Moukateh.

- The possibility of arbitration in the administrative agreements; a comparative study of the Kuwaiti's regulations and some other regulations. By Mohamad Majed Mahmoud.

- The arbitration in the investment conventions between Kuwait and other countries. By Tohmé El Choumari.

- Conference recommendations.

 

N° 7

 

1 - New rules of the A.A.A.: reflecting international trends, by Charles MOLINEAUX.

2 - The arbitration clause in Lebanese administrative contract, by Ibrahim NAJJAR.
 

N° 8

 

ENGLISH AND FRENCH PART

 

Foreword of the English Volume.

 

Analytical Tables.

Part I : ARTICLES

 

8 - Arbitration Under the GCC Commerial Arbitration Center. Rules in the Context of Banking and Finance Disputes, by Richard KREINDLER.

19 - The New Arbitration Rules of the I.C.C. :  A New Modern Institutionel Arbitration, by Michel SOUMRANI.
 

 Part II : LEGISLATIONS AND ARBITRATION  RULES

 

22 - Arbitration Rules of the International Chamber of Commerce, In Force Since January Irst, 1998.

33 - Egypte : Law N°  9/1997 (Arbitration and administrative Contracts).
 

 ARABIC PART
 

3 Foreword of the Eighth Volume.
 

 Part I : ARTICLES

 

 - LEBANON :

5 Arbitration in Lebanses Law, by Chafic WAZZAN.

 

 - SULTANATE OF OMAN :
9 Arbitration in the Sultanate of Oman, by Abdel Hamid El Ahdab.

 

 - EGYPT :
27 Tendencies of the Egyptian Case-law in the Application of The Law N° 97/1994, by Ali AL CHALAKANY.

 

  - SAUDI ARABIA :
41 Arbitration in Saudi Arabia and the Enforcement of Awards, by Maged Mohammad KAROUB.

 

 - SYRIA :
46 Recent Tendencies of Arbitration in Syria, by Mazhar ANBARY.

 

 - TUNISIA :
50 Thoughts on Some New Development in internation Arbitration in Tunisia, by Mohammad Fayçal BEN JAAFAR.

 

 - IRAK :
52 Arbitration in Irak in Few Lines, by Faouzi Mohammad SAMI.
 

 - FIDIC :
54 The Committee for Dispute Resolution substituted to the Engineer in the version of 1996 (4th edition) of the Condition of the FIDIC Contract on Civil Engineering Works, by Jamaleddine NASSAR.

 

COMPARATIVE LAW
The System of Disclosure, by Salah Ahmad EL MADFAA.
 

N°9

 

EGYPT

5

- Recent developments in Egyptian arbitration law, by Mahmoud Ali SHARKAOUI

15 

- The power of arbitrators to request temporary measures in Egyptian law, by Fathi WALI. 

LEBANON 

19 

- Arbitration in banking contracts, by Ibrahim NAJJAR.

26 

- Principles governing arbitration procedure and the law of evidence. by Abdul Hamid EL AHDAB

35

- Arbitration and procedure of special urgency, by Fayez HAGE CHAHINE   

 

SECOND SECTION: COURT DECISIONS 

 

-A - LEBANESE COURT DECISIONS 

39

- Legality of arbitration in State Contracts
first civil section, of n° 32/99 of February 23, 1999.

43

- The award 

50

- The second advice of the President Sami AOUN 

50

B - ARBITRATION AWARDS 

52

- Leasing 
Award of the BCCIA Center of February 22, 1999.

63

- Lease contract 
Ad hoc award of April 20, 1985

 

SUMMARY OF THE SECTION IN ENGLISH AND FRENCH  

9

- The administration of Arbitration under the Rules of the London Court of International Arbitration ("LCIA"). by Adrian WINSTANLEY.

50

- The second advice of the President Sami AOUN 

50

- The second advice of the President Sami AOUN 

N° 10

FIRST SECTION : ARTICLES

 

SEMINAR OF THE ASSOCIATION OF THE CERTIFIED CHARTERED ACCOUNTANTS ON COMMERCIAL ARBITRATION

 

5 - Speech of the Chairman Adnan EL-KASSAR.

6 - Speech of Dr. Moaffak EL-YAFI.

 

FIRST PANEL: THE ARBITRATOR AND ITS MODE OF NOMINATION

 

7 - Should the arbitrator be a lawyer ? by Chucri SADER.

10 - May the Chartered Accountant be sole arbitration ? by Moaffak EL-YAFI.

14 - The nomination by the arbitrator of a Chartered Accountant, by Ibrahim NAJJAR.

 

SECOND PANEL: THE CONDUCT OF THE ARBITRATION PROCEDURE

 

18 - The Expert-Arbitrator, by Abdul-Hamid EL-AHDAB

29 - The expert appointed by the arbitrator, by Fayez HAGE CHAHINE

33 - The discussion of the expert report, by Mohammad WEHBE

35 - Enforceability of the arbitral award nominating an expert, by Elham ABDALLAH

 

THIRD PANEL: THE ARBITRATION AWARD AND THE EXPERT REPORT

 

37 - To which extent is the arbitrator bound by the expert report? by Jean FAHD

40 - Liability of the expert designated by the judge or by the arbitrator, by Sami MANSOUR

51 - Effects of the vices of the expert's report on the legal recourses against the arbitration award, by Wael TABBARAH

 

LEGAL NATURE OF THE TECHNIQUE "AGREED UPON PROCEDURES"

 

54 -The procedure, by Hikmat SLIM

56 - The legal qualification, by Muhieddine KAISSI 58 - Legal Value of the expert's report, by Edgard FAKHOURY

 

N° 11

 

5 - Reflections on the concepts of internal and international public policy in commercial arbitration, by Ibrahim NAJJAR

11 - Commercial representation and arbitration in Lebanon, by Abdo GHOSSOUB

 

N° 12

 

- Arbitration Award Enforcement: The Public Policy Exception, by Charles MOLINEAUX

 

 

N° 13

 

SUMMARY OF THE SECTION IN ENGLISH AND FRENCH

 

7- Foreword

8 -1- Arbitration in Tunisia since the Code, by Mohammed AMMAR.

13 -2- Arbitration in the Insurance field, by Jean BIGOT.

17 -3- Economical Mutations and Arbitration in Tunisia, by Abdeljelil BOURAOUI.

20 -4- Settlement of Disputes between exporters and companies of inspection before expedition, by Jean-François BOURQUE.

27 -5- Ad hoc Arbitration and Institutional Arbitration, by Michel Angelo CICOGNA.

31 -6- Modern trends in private disputes resolution mechanisms in the world, by Pierre ESTOUP.

35 -7- Economical Mutations and Arbitration, by Steven A. HAMMOD

39 -8-The Arbitration Seat, by Bruno LEURENT/ 42 -9- Developments in International Comercial Arbitration, by Habib MALOUCHE.

49 -10-Alternative Dispute Resolution Methods, by Ibrahim NAJJAR.

52 -11- Arbitration in Air Law and Space Law, by Patrice REMBAUVILLE-NICOLLE.

54 -12- General characteristics and specificity of maritime arbitration in the Mediterranean Area, by Mario RICCOMAGNO.

58 -13- Time factor and Arbitration by Mauro RUBINO-SAMMARTANO.

61 -14- Synopsis of the report on the Mediterranean Court of Arbitration, By Alain VIDAL-NAQUET.

63 -15- Arbitration in the bilateral and multilateral investment treaties, by Jacques WERNER.

 

 

N° 14/15

I- ARTICLES :

 

            A- ENGLISH SECTION :

 

8          - 1- Arbitration in the Arab World, by Louis G. HOBEIKA.

11        - 2- The Control of the Judge and Invalidation of the Arbitration Award, by Michael KERR.

 

B- FRENCH SECTION

 

16        - 1- Thoughts on Electronic Arbitration, by Jérôme HUET.

26        - 2- Effectivity of the Arbitration Award Regarding Applicable Law to the Substance, by Michel SOUMRANI.

30        - 3- Canadian Law Applicable to the Substance of the Dispute, by Nabil ANTAKI.

 

C- ARABIC SECTION :

 

7          a- Lebanon :

 

-         1- Jurisdictional Control and the Recourse for setting Aside the Award, by Sami MANSOUR

27           - 2- Jurisdictional Control on the International Arbitration Award, by Sami AOUN

32         - 3- Applicable Law to the Substance of the Dispute, by F. HAJJ CHAHINE

38         - 4- The Arbitrator’s Fees, General Comparative Study,by A. GHOSSOUB

           

b- Comparative Law and International Law

 

45         -1 - Control of the Judge and the Setting Aside of the Arbitration Award in Bahrein, by H.M. Al-BAHARNAH

51      -2 - Control on the Arbitration Award by the Lybian Judge, by M. ALEM

 

 

N° 16

 

SUMMARY of  volume 16

 

 - Foreword

 

I. ENGLISH AND FRENCH SECTION

 

 A. ARTICLES

 

a- IN ENGLISH

 

--1- Recognition and Enforcement of Foreign Arbitral Awards in the U.S., by Don WALLACE, Jr. 

--2- Reaching for the Applicable Law in Arbitration: Rules Imposed, Chosen and the Customs of Commerce, by Charles MOLINEAUX. 

--3- Arbitration in China under the CIETAC Rules, by Jie WANG. 

--4- Arbitrability in Islamic Law, by Omar ALJAZY. 

 

 b-IN FRENCH 

 

-The Contentious Matter of the International Arbitration Clause…Does it Reflect the Evolution of World Commerce? by Minas KHATCHADOURIAN.

 

II. ARABIC SECTION

 

A.               ARTICLES

 

--1- The Law Applicable to the Merits of the Dispute in International  Commercial Arbitration, by M. CHERKAOUI. 

--2- The State and Arbitration, by Hassan Tabet RIFAAT  

--3- The State’s Recourse to Arbitration: Is it an Affirmation of its Sovereignty or Its Negation? By M.A. WARFALI. 

--4- Note concerning the award of M. Tabbarah (Leasing), by M. SOUMRANI.     

        

                               

N° 17

 

I- ENGLISH AND FRENCH SECTION

 

- The Law applied by the Arbitrator: Some Reflections on Belgian Law, by Bernard HANOTIAU. 

 

I- ARABIC SECTION  

 

A- ARTICLES 

 

- Refections on International Arbitration by Sami B. MANSOUR. 

- The State’s Capacity to Conclude an Arbitration Clause, by Rima Sh. EL HOUT.

 

N° 18

 

I- ENGLISH AND FRENCH SECTIONS

 

            - Arbitration in petroleum agreements, by Antonello INDELLICATI. 

            -Toward a public international order, by Georges FLECHEUX.

             -The internal judicial dispute over international investment in Lebanese law, by Nasri DIAB.

   - The law applicable to the substance of the litigation which is imposed on the arbitrator: Rules chosen by the parties and commercial usage, by Habib SLIM.

 

II. ARABIC SECTION 

 

            - The characteristics of arbitration in equity, by Ghaleb MAHMASSANI. 

            - Provisional measures in Arab and International Arbitration—a comparative study, by Abdo GHOSSOUB.

 

 

N° 19

I-             ENGLISH SECTION

 

- Regulation of UNCITRAL arbitration By Tjaco Van Den Hout 

- Ad hoc Arbitration, institutional arbitration and collaboration agreements between arbitration centers, By Nabil ANTAKI.

 

II- ARABIC SECTION:

 

- Arbitration and investment, study and commentary of two decisions of the Lebanese State Council of 17 July 2001 concerning two mobile telephone companies. By Ghaleb MAHMASSANI.

 - Two decisions of the State Council and the curb on development in the matter of investment, By Antoine BAROUD.

- A different opinion on the subject of two judgments of the State Council, By Abdel Hamid EL AHDAB.

 - Declaration of Prime Minister Rafic Hariri and response of the former minister, Mr. Issam NAAMAN.

 - Reflections on the effect of arbitral awards with respect to the Lebanese Syrian Convention, by Abdo GHOSSOUB.

 

N° 20

 

I-            ENGLISH SECTION

 

- 1- New Trends in Lebanese Case Law Relating to Arbitration, by Ayad KHALIFEH 

- 2- The Compulsory Arbitration, by Abdul Hamid EL AHDAB

 

II- ARABIC SECTION 

 

- Compulsory International Arbitration,by Abdel Hamid EL AHDAB.

 

N° 21


FRENCH & ENGLISH SECTION

 

- Metaclad v. Mexico: Investor Protection or Investor Predation?,By Andrew SAID.
- Modern Trends in Alternative Dispute Resolution Methods in the Arab Countries, By Nasri DIAB and Fadi MOGHAIZEL. 

 

ARABIC SECTION 

 

- Enforcement of Foreign Arbitration Awards in Saudi Arabia, by Nayef bin Sultan AL-CHARIF.

- Right to Use Arbitration in State Contracts and in International Commercial Agency. by Sami Badih MANSOUR.

 

 

N° 22

 

FRENCH & ENGLISH SECTION

 

- Adequacy of Arbitration Regime in Settling International Disputes, by Deming LIU
- The prohibition for the liquidator to submit to arbitration, by Ahmed OURFALI

 

ARABIC SECTION 

 

- The new Jordanian Arbitration Law, by Abdul Hamid AHDAB
- The Arbitration Agreement in the Jordanian Arbitration Law n°31 of 2001, by Omar AL-JAZI
- The Principle of Contradiction in Domestic and International Arbitration,
by Sahar SHARAFEDDINE

 

N° 23

 

1- Arbitration in the agreements for the promotion and protection of investments signed by Lebanon. by Carol KHOUZAMI

 - The Law Governing Conflicts in the Field of International Commercial Arbitration And the Consequences of Non-execution in Egypt, By Okacha ABD EL AAL. 
- Arbitration of Investment Contracts Litigation, By Omar Machhour HADISSA EL JAZI.
 - Parties agreement and the role of the arbitrator, By Abdo GHOSSOUB.

 

 

N° 24

 

FRENCH & ENGLISH SECTION

 

- Some reflections on the International Center for the Settlement of Investment Disputes (ICSID), by Brigitte STERN. 

- Amendments of few articles of the Lebanese New Code of Civil Procedure by the law n° 440 of july 29, 2002, by Abdel Hamid EL AHDAB.

 

ARABIC SECTION

- Comments on the Egyptian decisions n° 68/13C and 76/115C rendered on march 19 and february 17, 1999 by the 63rd commercial section of the Cairo Court of Appeal, by Hafiza EL HADDAD.

 - Amendment of articles of the Lebanese New Code of Civil Procedure relating to arbitration, by Abdo GHOSSOUB. 

- Amendment of articles of the NCCP relating to arbitration, Preparatory work of the law n° 440/2002, by the Board of this Review.

 

N° 25

 

A- FRENCH & ENGLISH SECTION

 

- First applications of the ICC’s conservatory and interim measures. 

- Pre-arbitration injunction,  by Pierre TERCIER.

 

 B- ARABIC SECTION

- Competence of the arbitrator and validity of the contract,  by Nadine KAISSI-TAYARA.

 

 C- JUDICIAL AND ARBITRAL NEWS:

 - Securitization of the assets,  by N. DIAB and I. BOUSTANY.

 

 II- ARABIC SECTION: 

 

 - Arbitration convention and applicable law on international administrative contracts, by Hafiza EL HADDAD.

 - The arbitration convention and the condition of the amount provisionally allocated by the referee judge or by the arbitrator, by Fayez HAGE CHAHINE.

 

N° 26

 

 

- Arbitration in Islamic Law, by Hamzé HADDAD.

 - « Renvoi » after cassation ? Reflexion on the judgment n° 11/2003 rendered by the Supreme Court on January 21st, 2003,by Nasri Antoine DIAB.

 

 

N° 28

 

-       Nathalie NAJJAR, Thesis review: Arbitration in the Arab Countries Facing International Trade Requirements, by Nabil ANTAKI.

 

N° 29

 

FRENCH & ENGLISH SECTION


- Arbitrator’s independence and impartiality, by Thomas CLAY.
- The arbitrator, by Thomas CLAY.
- Online dispute resolution, by Nadine KAÏSSI-TAYARA.

 

ARAB SECTION

- ICSID convention of March 18, 1965,by Abdel Hamid EL AHDAB.
- Guarantees for the tribunal’s independence, by Anthony ISSA EL-KHOURY.
 

 

N° 30


- Perspective on Arbitration of Patent Disputes, by Deming LIU.
- Intellectual Property and ICC Arbitration, by Mireze PHILIPPE.

- The role of Egyptian courts in the application, explanation and amendment of the new Arbitration Law, by Dean Hafiza HADDAD.

 - Contradictions between judgments and arbitration awards – Comparative study, by Abdo Jamil GHOSSOUB.

 

N° 31

 

FRENCH & ENGLISH SECTION

 

 

- Added value of administrative mediation in the judicial methods of dispute resolution, by Marie José CHIDIAC.
- First Eagle SocGen Funds and Others v. Bank for International Settlements. Final Award of September 19, 2003. Annotated by Roland ZIADÉ.



ARABIC SECTION


- Introduction to the general principles of arbitration, by Waêl TABBARAH.

 

N° 32

 

I- ENGLISH AND FRENCH SECTION

- Investment arbitration in the field of contract and treaty, private and public interests, by Gabrielle KAUFMANN-KOHLER.
- The adoption of the UNCITRAL model law by Egypt and Tunisia: A comparative study, by Zouhdi YAKAN.

II- ARABIC SECTION


- Arbitration ex aequo et bono; the amiable compositeur’s competence, by Ibrahim NAJJAR

 

N° 33

FRENCH SECTION

 

- Judicial Mediation, by Lara SAADÉ.

 

 

ARABIC SECTION

 

- The public policy as an obstacle to the execution of arbitration awards in Lebanon: flexibility in practice, by Sami Badih MANSOUR.

 - The authority of the arbitrator in deciding of the arbitration’s procedure, by Abdo Jamil GHOSSOUB.

 

 

N° 34

FRENCH & ENGLISH SECTION

 

- The potential of Lebanon as a neutral place for international arbitration, by Walid KASSIR.

- A view on the Cairo Court of Appeal Case-Law in Commercial and International Arbitration,by Borhan AMRALLAH.

 - Immunity of Jurisdiction, Fundamental Right of Access to Justice and Arbitration,by Nasri Antoine DIAB.

 

ARABIC SECTION:

 

 - The Arbitral Award, by Ahmad AL OURFALI.

 - The Arbitration Clause and the Lease Contract Concluded with an International Organization, by Sami Badih MANSOUR.

 

N° 35

 

FRENCH & ENGLISH SECTION

 

 - Ad hoc or institutional arbitration : a fundamental choice for the organization of arbitration procedure, by Stefano AZZALI.

 

 - The New Arbitration Rules of the National and International Chamber of Arbitration of Milan,by Edoardo F. RICCI.

 - The Support of the Judge in Lebanese Law, by Hadi SLIM.

 - The Mediation: an encounter with internormativity, by Marie-José CHIDIAC.

 

ARABIC SECTION:

 

 - Suspension of execution according to the article 577 N.C.C.P. and the Court of cassation, by Mouhib MAAMARI.

 

N° 36

FRENCH & ENGLISH SECTION

 

- The language of the arbitration in the absence of party agreement, By Sarah WAZEN.

- Interim measures and arbitration in Lebanese law, By Hadi SLIM.

- Dispute boards and ICC regulations, By Nasri DIAB.

 

ARABIC SECTION

 

 - Ex aequo et bono arbitration, By Ibrahim NAJJAR.

 - The international commercial arbitration model law and the Egyptian law, By Hafiza AL HADDAD.

 

N° 37

 

ENGLISH SECTION


- An introduction to the arbitration agreement in Peruvian law, by Carlos Matheus LOPEZ.

ARABIC SECTION

 

 - The role of the tribunals and the arbitrator in interim and conservatory measures, by Ghaleb MAHMASSANI.

 - Arbitration and taxation law, by Abdo GHOSSOUB.

 - Egyptian case-law trends relating to enforcement of foreign arbitration awards under the New York Convention of 1958 and the Arbitration Model Law, by Bourhan AMRALLAH.

 

N° 38

 

FRENCH & ENGLISH SECTION

 

- Qualification of the arbitrators in the Middle Eastern Countries, By Ali RAHAL.

- BOOK REVIEW: Samir SALEH, Commercial Arbitration in the Arab Middle-East, By Nathalie NAJJAR.

 

ARABIC SECTION

 

 - Arbitration under Sharia’ rules, By Khaled AL YOUSSEF.

 - From arbitration to mediation: New method of alternative dispute resolution: Mediation.  By Abdel Hamid AL AHDAB.

 

N° 39

 

ENGLISH SECTION

- International Commercial Arbitration and the Protection of Investments,by Bernardo CREMADES.

 - Law and Post-modernity, by Eduardo BITTAR.

 

ARABIC SECTION

 

 - International Commercial Arbitration: Uncitral rules, and Islamic Sharia’,by Khaled Amine YOUSSEF.

 - Challenge of the Arbitrator and Extension of the Time-limit in International Arbitration: Commentary on Two Recent Decisions, by Nathalie NAJJAR.

 

N° 40

FRENCH & ENGLISH SECTION

 

- The role of the "Umbrella Clause" in Investment Protection Treaties,by Nadine KAISSI-TAYARA.

 -The Tenth Anniversary of the Brazilian Arbitration Law, by Flavio Augusto PICCHI.

 

ARABIC SECTION

 

 -  The Arbitral Award, by Bourhan AMRALLAH

 - International Commercial Arbitration: Uncitral Rules, and Islamic Sharia' by Khaled Amine YOUSSEF.

- International Arbitral Awards and the Lebanese Law: Interpretation and Correction, by Abdo Jamil GHOSSOUB. 

- BOT Contract and the public Service, Conflict Resolution Methods,by Ghassan RABAH. 

- Effect and Consequences of the Waival of the Right to Appeal the  Domestic Award, by Waêl TABBARAH.  

- Arbitration in Commercial Agency Contracts and the Principle of Hierarchy of Rules of Law, by Hadi SLIM.


N° 41

 

ENGLISH SECTION

 

 - Report of the working group on arbitration and conciliation (forty-fifth session, Vienna,11-15 September 2006). 

- Settlement of Commercial Disputes: Revision of the UNCITRAL Arbitration Rules.

 

ARABIC SECTION

 

 - International Commercial Arbitration: Uncitral Rules, and Islamic Sharia’, by Khaled Amine Moustafa YOUSSEF.

-       Amendment of the UNICITRAL Rules,by Abdel Hamid AL AHDAB.

 

BOOK REVIEW 

 

- Écrits: Droit de l’Arbitrage, Droit du Commerce international, by Philippe FOUCHARD.

 - Enforcement of Interim Measures in international Arbitration, by Hanaa Wehbé,

- Arbitration in the Arab Legislations, by Hamze HADDAD. 

 

 

N° 42

FRENCH & ENGLISH SECTION

 

- The Practice of International Arbitration in Arab Countries final, Report, by Charles JARROSON. 

11- The Protection of Foreign Investments in Lebanon, by Dany KHAYAT and Julien FOURET.

28- The choice of the Arbitral judge, by Jacques EL HAKIM

31-  The Legal Nature of ICSID Jurisdiction and the Investor Nationality Requirements, Ration Personal,by Fares A. ZAATAR

 

ARABIC SECTION

 

6- Recourse against the Arbitration Awards in the Arab Countries, by Sami MANSOUR.

 

N° 43

 

ENGLISH AND FRENCH SECTION

 

- Enforcement of Foreign Arbitral Awards in the Lebanese Law, by Mouhib MAAMARI.

-  The Legal Nature of ICSID Jurisdiction and the Investor Nationality Requirements for ICSID Jurisdiction, Ratione Personae, by Fares A. ZAATAR

 

ARABIC SECTION

 

- International commercial Arbitration : Uncitral rules and Islamic Sharia’, by Khaled Amine YOUSSEF.

- The Settlement of Disputes Related to Intellectual Property in the Context of the TRIPS Convention, by Abdallah Abdel Karim ABDALLAH.

 

N° 44

FRENCH & ENGLISH SECTION

 

- An Introduction to Dispute Resolution in the United Arab Emirates,By Victoria NEWBOLD.

 - Arbitration and Settlement of Disputes in China.

 - Execution of Foreign Arbitral Awards and the New York Convention in the Egyptian Case Law, By Borhan AMRALLAH.

 

ARABIC SECTION

 

 - Settlement of Disputes in BOT Contracts,By Nasser Ghanim AL ZEID.

 - The Role of the Dispute Resolution Board in the FIDIC Contracts,By Ahmad CHARAFEDDINE.

 

N° 45

 

ENGLISH AND FRENCH SECTION 

 

- French Case-Law in International Arbitration (2006 – 2008), by Nadine ABDALLAH and Jacques MESTRE.

- The Immunity of the Arbitrator, by Ibrahim NAJJAR.

 

ARABIC SECTION

 

- The Judicial Control of the Arbitration Awards, by Ghassan RABAH.

 

N° 46

 

ARABIC SECTION

 

-  The New Moroccan Law on Arbitration and Conventional Mediation, By Ibrahim AYSSAR

-  Arbitration in Morocco and Law n° 05 – 08n By Abdel Majid GHMIJA.

-    International Arbitration and the Resolution of Disputes Related to Investments, By Mohammad Al NASIRI.

- Law n° 05 -08 on Conventional Mediation and Arbitration in Morocco. By Chamseddine ABDATI.

- A lecture of the presidential order n˚569 in the file number 261/1/2008 issued by the commercial Tribunal of Casablanca on the 05/03/2008 on the arbitral award’s exequatur, By Riyad FAKHRI.

 

N° 47

 

FRENCH SECTION

 

- Comparison Between the Three Main Rules of Arbitration: ICSID, UNCITRAL and ICC, By Roland Ziadé

- The International Agreements Related to Investments Negotiated by Lebanon, By By Dany Khayat.

International Arbitration and the Resolution of Disputes Related to Investments, By Mohammad Al NASIRI.

- Law n° 05 -08 on Conventional Mediation and Arbitration in Morocco. By Chamseddine ABDATI.

- A lecture of the presidential order n˚569 in the file number 261/1/2008 issued by the commercial Tribunal of Casablanca on the 05/03/2008 on the arbitral award’s exequatur, By Riyad FAKHRI.

 

Arabic Section

 

The Effect of the Extension of the Arbitral Agreement to Third Parties, by Mahmoud Samir Al Charkawi.

 The New Orientations of the International Arbitration, by Nayla Comair Obeid.

– The Mediation,by Zalfa Hassan.

– The Effect of the Extension of the Arbitral Agreement to Third Parties, by Ghaleb Mahmassani.

– The UNCITRAL Rules and the settling of Disputes in the Arab Countries, The Experiences of the Cairo Center for Commercial International Arbitration, by Mouhammad Abdel Raouf.

– Ex-eaquo et bono Arbitration by the Light of the Provisions of the Lebanese Civil Code of Procedure, by Abdo Ghossoub.

 

 

N° 48

 

 

French and English Section

 

 

- Arbitration and Justice and the Role of the Arbitrator. By Geneviève AUGENDRE.

- International Arbitration and the Compensation of Moral Damages. By Julien BURDA.

- The Arbitration Clause and the Ethics of the Arbitrator. By Jean-Pierre Ancel.

- The Mission, the Training and the Ethics of the Arbitrator. By Nathalie Najjar.

- The Constitution of the Arbitral Tribunal: A View of the Tunisian Experience in Internal Arbitration. By Sami BOSTANJI.

 

ARABIC SECTION

 

– The Arbitral Proceedings, by Nayla COMEIR OBEID.

– The Experience of the Cairo Regional Center for Commercial Arbitration. By Mouhamed ABDEL RAOUF.

 

 

N° 49

 

 

French and English Section

 

 

- Mediation : Inventory in Lebanon and in France, by Charles JARROSSON.

- Inspection on Mediation in Lebanon and in France, Ethical rules and training of Mediators, by Johanna HAWARI.

- The Conventional Mediation : writing of clauses and other legal difficulties, by Laurence KIFFER.

- Specificity of the role of the lawyer in Mediation, by Laurent JAEGER.

- The Mediator : Training and appointment, by Jean-Pierre ANCEL.

- Specificity of the Role of the Lawyer in Mediation : the Example of complex disputes, by Marwan ISSA EL-KHOURY.

- The Developing of Mediation in Lebanon : Comparing ADR evolution in Lebanon and Beyond, by Martin WAHLISH.

- Word by the Minister of Justice

 

ARABIC SECTION

 

- The Lebanese Experience in the matter of alternative dispute resolution, by Dr. Sami MANSOUR.

- The Mediation, Conciliation and Negotiation : Alternative Means of Resolution of Commercial Disputes, by Dr. Muhieddine KAÏSSI.

- The Mediation a Means of Preventing Disputes and Resolving them, by Georges FEGHALI.

 

 

N° 50

 

French and English Section

 

- The New Law on Arbitration in Syria, n° 4 of 25 March 2008, enacted on the 1st May 2008, by Jacques El-Hakim.

- The Controle of the Ex-aequo et Bono Arbitrator’s Mission –Recent Evolution of the French Law, by Eric LOQUIN.

 

ARABIC SECTION

 

- The Conflict of Laws Applicable by the Arbitrator in International Trade Contracts, by Sami Badih MANSOUR.

- Ex-aequo et Bono Arbitration by the light of the Provisions of the Emirati Civil Code of Procedure (Federal Law n° 11, of 24/2/1992 – 21 Chaabane 1412 H, by Abdo GHOSSOUB.

- The Estoppel (or the Prohibition to Contradict Oneself to the Detriment of Others) in Lebanese Law, By Marwan SAKR.

 

 

N° 51

 

 

French and english section

 

- “The principle of Autonomy of the Arbitration Clause in Lebanese Law”, By Nathalie Najjar

 

ARABIC SECTION

 

- “The Judiciary Control of the Arbitral Award: Between Duality and Uniqueness”, By Hafiza Sayyid HADDAD

- “The Role of the Judge and of the Arbitrator During the Proceedings: Complementarities or Contradiction”, By Mayssam NOUEYRI

- “Resolution of Disputes Related to the Name of Internet Sites and Commercial Brands”, By Abdullah Abdel Karim ABDULLAH  and Faten Hussein HAWA

 

 

N° 52

 

Summary of the thesis : ASSAF Rayanne

 

 

The thesis asks about the possibility to unify the juridical system of internal and international arbitration conventions.

 

Following the appraisal, in a preliminary title, of the possibility as well as the opportunity to adopt the same concept of autonomy for domestic and international arbitration conventions, the present thesis studies the conditions consolidation to constitute the arbitration convention and the rules governing its application.

 

The first part (formation of the arbitration convention) studies the possibility of consolidating the form and the content of the arbitration convention formation (title I), as well as its extent (title II). The question is to ask about the extent a movement to bring together the two systems, beyond a simple harmonization of the solutions, may come out into a real unification of the arbitration convention formation conditions.

 

In the same spirit, the second par relates to the implementation of the arbitration convention. The first title appraises the unification eventuality of the internal and international arbitration convention effects. While the second title is dedicated to the study of unifying the rules governing the transfer and extension of the domestic or international arbitration convention.

 

 

 

Keywords: Arbitration, Domestic arbitration, International arbitration, French Law, Lebanese Law, Arbitration convention, Arbitration clause.

 

N° 53

 

 

French & English section

 

-          The Arbitral Agreement is not Subject to the Legal Regime of Improper Clauses

By Alexandre Job

 

-          International Arbitration: definition of Estoppel in the French Law: Finally!

By Alexandre Job & Jean-Georges Betto

 

 

Arabic section

 

-          The Obligation of Reasoning the Arbitral Award

By Michel Soumrani

-          The Modification of the UNCITRAL Rules in Order to Comply With the Requirement of Settling Disputes Between States and Citizens of other states

By Hafiza Sayyed El-Haddad

 

 

N° 54

 

 

FRENCH & ENGLISH SECTION

 

-           The Contortions of the Tribunal of Conflicts in the Field of Arbitration”

By Thomas Clay

 

-          “The prima faciae nullity of the Arbitral Convention”

By Stéphanie Nehmé

 

-          “International Arbitration: The Definition of Estoppel in French Law, Finally!” 

By Alexandre Job and Jean-Georges Betto

 

 

 

arabic section

 

-          “The Will as a Limit to Public Order and Compulsory legal provisions in Commercial International Contracts”,

By Sami Badih Mansour

 

 

N° 55

 

FRENCH & ENGLISH SECTION

 

            - « The new French law on domestic and international arbitration»,

      By Emmanuel GAILLARD and Pierre de LAPASSE.

 

arabic section

 

-“The petition for the annulment of the arbitral award in Moroccan comparative law”,   

   By Abdel-Latif BOULALF

 

 

N° 56

 

 

Part i- French & English section

 

1                      Foreword to volume 56

 

articles

3                      - Should there be a Double Exequatur for Awards Rendered in Syria? (Comments on the Decision Rendered by the President of First Instance of the Civil Chamber of Beirut dated 14 December 2009)

By Ibrahim Fadlallah

 

8                      - The Control of the Arbitral Agreement by the Judiciary

By Nathalie Najjar

 

13                    - The Martime Arbitration in Question,

By Alexandre JOB

 

part ii - arabic section

 

1                      Foreword to volume 56

 

I - ARTICLES

 

3                      - The Role of the Cassation Court in Controlling Arbitration,

By Georges Badih Karam

 

8                      -  The Competence-Competence Principle Throughout the Judiciary’s

Role in Increasing the Efficiency of Arbitration in Lebanese Law

By Sami Badih Mansour

 

27                    - The Control of the Court of Appeal over an Award Throughout the

Recourses it is Subject to

     By Jean Fahd

 

33                    - The Constitution of the Arbitral Tribunal,

By Fadi Elias

 

58                    - The Appointment of an Arbitrator and his Qualifications,

By Souheil Abboud

 

61                    - The Judge of Urgent Matters and Arbitration, Practical Cases

By Zalfa El-Hassan

 

64                    - How to Draft a Valid Arbitration Clause,

By Nayla Comair Obeid

 

71                    - The Arbitrator’s Means to Avoid Recourses and Unnecessary New

Claims Delaying The Settlement of a Dispute

By Muhieddine El-Kaissi

 

 

N° 57

 

Part i- French & English section

 

1                              Foreword to volume 57

 

articles

 

3                      - The “Amiable Composition” in French Case Law,

By Charles JARROSSON.

 

7                      - The “Amiable Composition” in Lebanese Case Law,

By Nathalie NAJJAR.

 

12                    - The Application of a Non State Law in International Arbitration,

By Jean-Pierre Ancel.

 

17                    - Estoppel in the Lebanese Law,

By Mouhib MAAMARI.

 

21                    - Arbitration and compulsory laws,

By  Hadi SLIM.

 

28                    - Arbitration and Commercial Agency in Lebanese Law

By Rayan ASSAF

 

32                    - Estoppel and the Arbitrator,

By Nadine KAÏSSI TAYARA.

 

 

part ii - arabic section

 

1                      Foreword to volume 57

 

I- ARTICLES

 

3                      - Comparative Study between Lebanese and Iraqi Laws of Arbitration,

By Fadi ELIAS.

 

 

 

N° 58

 

French and english part

 

Arbitration and discrimination, the Jivraj case before the Court of appeal of England and Wales

By Roland Ziadé

 

An unfinished cacophony: the definition of international investment before the ICSID

By Julien Burda

 

Domestic Arbitration in Lebanon

By Marc Sukkar

 

 

N° 59

 

 

The Immunity of the Arbitrator,

By Ibrahim Najjar

 

Arbitration and Discrimination, the Jivraj Decision Rendered by the Court of Appeal of England and Wales,

By Roland Ziadé,

 

The Extent of the Evolution of International Arbitration in the Administrative Matters, The Notion of International Administrative Contract,

By Rita Waked

 

ARABIC PART

 

Irregular Arbitral Proceedings Practiced Before the Syrian State Council,

By Sami Sarkis,

 

 

N° 60

 

 

Multiparty Arbitration in Lebanese Law with regard to the Evolution of the New International Chamber of Commerce Rules

By Nathalie Najjar

 

ARABIC PART

 

Irregular Arbitral Proceedings Practiced Before the Syrian State Council,

By Sami Sarkis,

 

 

N° 61

 

 

-          Arbitrability and corruption

By Adrien Chambel

-          Arbitration and international investments

By Roland Ziadeh

-          Case law in the investment field

By Nadine Kaïssi Tayyara