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Title: International contracting and commercial arbitration : an analysis of the doctrine of harmonisation and regionalism with special reference to the Middle East region
Author: Abu Sadah, Muhammad
ISNI:       0000 0004 2748 9205
Awarding Body: Cardiff University
Current Institution: Cardiff University
Date of Award: 2006
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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.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available