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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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