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Unveiling the Quest for Cosmopolitan Law and Arbitration in the Arab World

Karim A. Youssef, CEO of Youssef & Partners (Youssef + Partners), published 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: From the Arab World to the Globalization of International Law and Arbitration (Kluwer, 2015). In this publication, Youssef discusses the transformation of contemporary Arab arbitration from its historical antecedent, analyzing the current state of national laws, regulations and court practices that shape it today. In doing so, the article seeks to analyze the current normative standing of Arab arbitration and its relationship to key issues in international arbitration. The article looks at the ways in which modern arbitration has diverged from its historical roots and seeks to identify key issues in international arbitration which must be addressed to ensure its successful evolution.

‘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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