Karim A. Youssef, CEO of Youssef & Partners, authored the article “The Quest for Cosmopolitan Law and Arbitration in the Arab World – Where Do We Stand Now?” as part of the Festschrift for Ahmed Sadek El-Kosheri (Kluwer, 2015). In this work, Youssef explores the evolution of International Law in the Arab world, tracing its transformation from historical origins to its current legal framework. He examines national laws, regulations, and court practices, assessing their impact on arbitration’s development. The article also addresses key challenges in international arbitration, highlighting necessary reforms for its continued growth in the region.
The Current State of Cosmopolitan Law and Arbitration in the Arab World
‘The Quest for Cosmopolitan Law and Arbitration in the Arab World – Where Do We Stand Now?’, Festschrift Ahmed Sadek El-Kosheri: From the Arab World to the Globalization of International Law and Arbitration, Kluwer, 2015 Kluwer Law International – Home (kluwerarbitration.com)
Summary:
This article reflects on the modern transformation of Arab arbitration into what it has become today. It submits that modern arbitration as seen through contemporary Arab eyes and as shaped by today’s practitioners is very different from the institution that existed, or struggled to exist, decades ago. Modern Arab arbitration is very different from its historical antecedent as a concept, as an institution, and as received and regulated by national laws and treated by national courts. But above all, Arab arbitration today is different because of its actors and players, i.e., counsels, parties, and arbitrators. This article also seeks to identify where Arab arbitration stands today, in normative terms, and in relation to key issues in international arbitration.
This article focuses, in normative terms, on the current practice of counsel and arbitrators in the Middle East and on the status of the institution as it stands. The purpose is to give an image of what is really happening, a reality check of sorts, which could assist the Arab arbitration community in positioning itself in the global market. The purpose is also to draw attention to key issues that parties and counsel should consider when designing procedures or when dealing with issues.
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FAQ About construction law and arbitration
What is construction law?
Construction law encompasses the rules, regulations, and legal principles governing the construction industry. It includes contracts, project management, dispute resolution, and regulatory compliance related to construction projects.
What is arbitration in the context of construction disputes?
Arbitration is a method of resolving disputes outside of court, where an independent arbitrator makes a binding decision. In construction, it is used to resolve conflicts between parties such as contractors, developers, and clients efficiently and privately.
How does arbitration differ from litigation?
Arbitration is typically faster, less formal, and more flexible than litigation. It also tends to be private, whereas litigation is public. Arbitration decisions are final and generally not subject to appeal, unlike court decisions.
