Please use this identifier to cite or link to this item: http://bura.brunel.ac.uk/handle/2438/11079
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dc.contributor.advisorBantakes I-
dc.contributor.authorAl-Enazi, Mohamed Saud-
dc.date.accessioned2015-06-29T15:44:59Z-
dc.date.available2015-06-29T15:44:59Z-
dc.date.issued2013-
dc.identifier.urihttp://bura.brunel.ac.uk/handle/2438/11079-
dc.descriptionThis thesis was submitted for the award of Doctor of Philosophy and was awarded by Brunel University Londonen_US
dc.description.abstractThis thesis posed the question whether foreign arbitral awards are enforced in accordance with the demands of the New York Convention in the UAE and Bahrain and moreover whether the conditions for enforcement compel the conclusion that these two nations are enforcement-friendly in the same manner as leading arbitral nations such as the UK, France, Hong-Kong and NYC. On the basis of legislative and judicial practice in the UAE and Bahrain it was found that Bahrain and all UAE emirates, with the exception of Dubai, are enforcement friendly and more importantly place few constraints on the enforcement of foreign awards. Dubai is also enforcement-friendly but a small number of decisions, particularly Bechtel, leave significant latitude to foreign investors to consider Dubai courts, and particularly its court of Cassation, as dubious when it comes to enforcement. It was also found that Islamic law per se is not an obstacle in the enforcement of foreign arbitral awards and very few constraints were found from the perspective of public policy and arbitrability in particular. In fact, the courts of Bahrain and the UAE have applied a rather liberal interpretation of Islamic law in order to accommodate arbitral practices that have been sustained in other jurisdictions and under the lex mercatoria with a view to assisting the commercial vision of the two nations. Hence, it was found that Islamic law is an enabling vehicle in the enforcement of foreign arbitral awards in the UAE and Bahrain, rather than an obstacle.en_US
dc.language.isoenen_US
dc.publisherBrunel University Londonen_US
dc.relation.urihttp://bura.brunel.ac.uk/bitstream/2438/11079/1/FulltextThesis.pdf-
dc.subjectSources of arbitrationen_US
dc.subjectPublic policy to refuse the enforcementen_US
dc.subjectLack of arbitrabilityen_US
dc.subjectNullity of awarden_US
dc.subjectGrounds for non-enforcementen_US
dc.titleGrounds for refusal of enforcement of foreign commercial arbital awards in GCC states lawen_US
dc.typeThesisen_US
Appears in Collections:Law
Dept of Politics, History and Law Theses

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