Title: International commercial arbitration in the Arab countries: an economic necessity or legal colonisation?

Authors: Lafi Mohammed Daradkeh

Addresses: Faculty of Law, Yarmouk University, Jordan

Abstract: This paper discusses the reasons behind adopting arbitration rules in Arab countries and attempts to prove (or disprove) the theory that economic incentives of arbitration are used as a tool to achieve political purposes in Arab countries. It outlines the political aspects of commercial arbitration. It further discusses whether Arab countries are in need of arbitration to enhance their investment climate and to ensure foreign investors and traders that their disputes would be settled in a neutral and efficient way. This paper has a potential contribution to the debate as it shows the political cost that Arab countries may pay in adopting the current rules and practices of international arbitration.

Keywords: international commercial arbitration; Arab countries; mediation; Abu Dhabi; Libya; Jordan; Kuwait; Algeria; Egypt; Arabic laws; legal colonisation; economic incentives; politics; political influences; investment; foreign investors; foreign traders; dispute resolution; rules; regulations; liability; scientific enquiry.

DOI: 10.1504/IJLSE.2010.031827

International Journal of Liability and Scientific Enquiry, 2010 Vol.3 No.1/2, pp.117 - 129

Published online: 25 Feb 2010 *

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