‘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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