ABSTRACT

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The Harmonisation and/or Unification of the Arbitration Law in Arab-Mediterranean Countries

Author: Filali OSMAN

Type: Article

ref: 22018155-175

N0:2 of 2018

Pages: 155-175

We are concerned here with nine Arab countries described osmanfilali@yahoo.fr as Mediterranean not in the geographical sense of the term (neither Jordan nor Mauritania have access to the Mediterranean, with the first having access to the Red Sea and the second the Atlantic Ocean) but in the institutional sense with respect to states members of the Union for the Mediterranean (UfM)(Libya) is not a state party thereto!). What kind of harmonization and/or unification of arbitration law is there for these nine Arab countries? If the approximation of laws does not spare any area, provided that there is an impact on the Mediterranean trade, then, one thing for sure, wouldn’t such result be already achieved in the field of arbitration which has received all the attention of international governmental and private organizations for half a century now? With regard to law approximation in legal systems which are embedded in converging traditions and cultures and founded on an Arab-Muslim culture, there are two issues that keep arising : firstly, one which relates to the need to harmonize the law of arbitration in the Arab Mediterranean area and second, if so, the scope of its feasibility.