عنوان

International contracting and commercial arbitration :

Number

TLets583814

Title Proper

International contracting and commercial arbitration :

General Material Designation

[Thesis]

First Statement of Responsibility

Abu Sadah, Muhammad

Title Proper by Another Author

an analysis of the doctrine of harmonisation and regionalism with special reference to the Middle East region

Name of Publisher, Distributor, etc.

Cardiff University

Date of Publication, Distribution, etc.

2006

Dissertation or thesis details and type of degree

Thesis (Ph.D.)

Text preceding or following the note

2006

Text of Note

This dissertation seeks to contribute to the development of the comparative study of international commercial arbitration by focusing on the Middle Eastern experience in commercial dispute resolution. Theoretical and practical criticism is offered and suggestions for an improved regional legislative framework are made. With the ever-increasing importance of international trade to Middle Eastern countries, research upon the effective dispute resolution mechanisms of commercial arbitration has become imperative. The process of harmonisation of commercial arbitration has become the subject of wider international and regional research studies, and the aim of this work is to contribute to the field in the context of the Middle Eastern region. This thesis examines 'regionalism' and the process of harmonisation in international commercial arbitration. Within the philosophical framework of international commercial arbitration, international contract principles and dispute resolution mechanisms, the objective is to analyse existing cultural deviations and boundaries, and ascertain how these have prevented effective law reform within the region itself, obstructing the harmonisation process. Despite regional variations, in practice the process, of harmonisation is essential if the Middle East is to benefit from and participate in the phenomenon of globalisation. Whilst regional culture has become increasingly significant, harmonisation of commercial arbitration has become more urgent. The thesis argues that harmonisation with the international commercial arbitration Model Law can be achieved when the concept of regionalism is taken into consideration. Different aspects manifested within regionalism regarded as legal cultural deviation can be accommodated, making for an efficient arbitration law reform in accordance with the international accepted substantive and procedural principles of the UNCITRAL Model Law.

Abu Sadah, Muhammad

Cardiff University

Electronic name

p

[Thesis]

276903

a

Y