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In this second edition of Samir Saleh's major work on commercial
arbitration in the Arab Middle East, the basic format has been
maintained, while the author, drawing upon his intimate knowledge
of the region and considerable practical experience as an
arbitrator, has completely revised and updated the book so that it
offers a fully modern account of domestic commercial arbitration
practice, with an international dimension, under the sharia and in
Syria, Lebanon and Egypt. The first part of the book, dealing with
sharia, continues to draw on the four major sources of sharia, with
illustrations taken from the four main Sunni schools that have
influenced its development. This part underpins all the remaining
chapters which deal in turn with different national systems,
building on the discussion by reference to local statutes, judicial
precedents and commentaries. Detailed analysis of law and practice
is supported by extensive footnoting, guidance on further reading,
and insights into the prevailing business practices within each
country. For practising lawyers and arbitrators a feature which
will be particularly welcome is the inclusion of up-to-date
discussion of practice and procedure for the execution and
enforcement of domestic and foreign awards, and the legal pitfalls
awaiting the unwary. The new edition has also been considerably
amplified to include international aspects of arbitration as
reflected in judicial decisions and academic commentary in each
territory.
This work is an indispensable guide for arbitrators, lawyers and
anyone with an interest in arbitration procedures. In recent years,
international commercial arbitration procedures have made great
strides to bring into line different traditions of law and
practice. According to some observers, written witness statements,
taken in advance, have lessened the chance that surprises will be
sprung upon counsel and arbitrators during oral testimony. But
considerable problems remain. The aim of "Arbitration and Oral
Evidence", prepared by the ICC Institute of World Business Law, is
to give the reader a thorough picture of the practical issues
raised by the oral presentation of evidence and to present a
balanced series of solutions to the problems involved. This is the
second in a series of Dossiers from the ICC Institute. See also
"Arbitration - Money Laundering", "Corruption and Fraud" and
"Parallel State and Arbitral Procedures in International
Arbitration." The evidential relationship between contemporary
documentation, written testimony and oral testimony is a permanent
challenge to all arbitrators and counsel in an international
arbitration. However experienced the factual or expert witness may
be, an oral witness has to be prepared for his testimony and a
witness statement has to be written, both with legal help. The
issues divide counsel and arbitrators, and there is a need for a
better understanding of what is right and wrong in the interaction
between written and oral evidence. "Arbitration and Oral Evidence"
lays out the issues in a transparent and easy-to-understand way.
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