Le recours en annulation des sentences arbitrales dans les pays arabes

Today, within Arab states, a new dynamic in arbitration is taking shape. This is reflected in the proliferation of new arbitration legislation and the establishment of emergent arbitration centres across the region. What makes this new dynamic even more remarkable is the contemporaneous establishment of legal free-zones where judicial power is divided and co-exists between two systems best described as on-shore and off-shore.

This thesis seeks to explore the possible implications of this new dynamic with a view to determining whether or not it can be considered a reflection of a developing, more favourable approach to arbitration in Arab countries.

In order to address this issue effectively, this thesis will examine the present and immediate approaches to arbitration of judiciaries in 10 Arab states. This will be achieved through the study and analysis of the action for setting aside arbitral awards in these Arab states.

This thesis will look at the nature, exercise and application of the action for setting aside arbitral awards. In addition, it will explore the grounds for this action and how, as a recourse, the action for setting aside exists alongside and interacts with other avenues of recourse. In order to assess the current approaches of judiciaries, within Arab countries, this thesis will also analyze current arbitration legislation and institutional regulations. This is in addition to the emerging trends and common practice, that is, in the context of the recognition and execution of arbitral awards, in both on-shore and off-shore legal systems.

On the basis of this study, it will be possible to determine how arbitration is perceived within Arab states and what reforms should be implemented, with a view to promoting arbitration as a conventional mechanism for the resolution of disputes, in the field of international commerce. The objective being to put arbitration in Arab countries in line with international best practices.