Date of Award

Summer 8-2013

Degree Type

Dissertation

Degree Name

Doctor of Law (SJD)

Department

Law

First Advisor

Professor Dr. Christian N. Okeke

Second Advisor

Professor Dr. Benedetta Faedi Duramy

Third Advisor

Professor Dr. Zakia Afrin

Abstract

International Commercial Arbitration is quickly becoming the method of choice for dispute resolution by States and corporations around the globe. This Dissertation analyzes and discusses the development of arbitration in the Middle East with the major focus on the State of Qatar (hereafter, also “Qatar”) as a case study. It will study the rise and development of International Commercial Arbitration as it is conducted in Qatar in relation to other regional jurisdictions such as Bahrain, Dubai in the United Arab Emirates (UAE), and Egypt. These States have been emerging as regional powers in attracting International Commercial Arbitration in the Middle East.

This Dissertation (or “work”) analyzes the effects that the legal systems of the respective States have on the dispute resolution procedures that have been adopted by parties seeking to conduct proceedings, or attempting to enforce awards in these States. Over the last twenty years, countries of the Middle East have made commendable progress in many areas with regard to international arbitration. In that regard, many Middle Eastern States have enacted arbitration laws, many have acceded to New York Convention, and arbitration centers are spreading throughout the region. However many legal and procedural issues continue to hamper the practice in terms of seating arbitrations in the region. In order to overcome these problems, some Arab countries have found a Panacea in creating a separate legal system with its own legal culture where resolution of international investment disputes could be facilitated a way from all the ills of the mixed civil-Shari’a legal structure found in most state jurisdictions of the region.

While Qatar has made a name for itself as a major player in arbitrating and negotiating settlements for political disputes around the world, its leaders have been striving to equal that success in the commercial arena. Qatar’s newly established jurisdiction, Qatar Finance Center (QFC) and its modern arbitration framework, provide Qatar many advantages that greatly enhance the country’s standing in the race to win the crown of arbitration in the region. However, for Qatar to develop as a true competitor to world-class arbitration hubs such as London, Paris, and Singapore, it should update its State jurisdiction legal framework, upgrade its court system and improve its standing in other areas including, corruption and rule of law.

Comments

This dissertation has been published as DEVELOPMENT OF A COMMERCIAL ARBITRATION HUB IN THE MIDDLE EAST: CASE STUDY – THE STATE OF QATAR (Vandeplas Publishing, 2013) and is available for purchase here.

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