Informing the 1958 New York Convention, the UNCITRAL and Model Law Plus Articles

Mary Ayad

Research output: Contribution to journalMeeting abstract

Abstract

This practical article will bring to light the complex interplay between sharia law and ordre public for foreign Investors, European and Arab jurists, judges, arbitrators and scholars who are concerned with higher arbitral award enforcement in the MENA region, particularly in the face of questions related to Islamic law and the controversial debate on ‘ordre public’. The countries chosen are Egypt, Bahrain, Jordan, Tunisia, the United Arab Emirates, hereinafter (UAE), Qatar and Yemen. This article brings forth the latest research in the laws of these countries and current trends and how they intersect with interpretations of Islamic law, particularly in cases where a civil code has been enacted. Recommendations leading to higher award enforcement and reduction of risks to foreign Investors will be offered as a result of the comparative analysis of the intersection between sharia and ordre public, particularly in cases evidencing a lacuna that risks leaving sharia open to unfavourable interpretation.
Original languageEnglish
Pages (from-to)14
Number of pages1
JournalExpo 2009 Higher Degree Research : book of abstracts
Publication statusPublished - 2009
EventHigher Degree Research Expo (5th : 2009) - Sydney
Duration: 30 Oct 200930 Oct 2009

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