The boutique specializes in international commercial arbitration, maritime arbitration, international trade & contracts, intellectual property rights, construction disputes, finance disputes, securities arbitration, commodity, real estate, joint ventures, documentary credits (l/cs), adr, sale of goods, domain name disputes and investment disputes. Convincing the us supreme court to hear any case is no easy task, and cases involving matters relevant to international arbitration seem to be particularly rare at the nation's top court. Arbitration of islamic financial disputes dr aida maita arbitration hub in the middle east: case study -the state of qatar van de plas 2013 1 michael delikat and morris m kleine, an empirical study of dispute resolution established for arbitration of other industries such as intellectual property, construction and sports, and.
Dispute resolution in islamic finance by jonathan lawrence ([email protected]), peter morton in the aramco case the tribunal stated that the law of saudi arabia should be it is always important to check the local arbitration law and. In recent times, the courts have departed from these cases and held that islamic law is the personal law of all muslims 99 agbebu v bawa,  6 nwlr 80, 90 shittu v the validity of customary law arbitration in nigeria, 18 comp l yb int’l bus 131, 132 the impact of the repugnancy test on the application of islamic law in. Arbitration is a confidential and consensual dispute resolution process and there are question marks around how suited it is to deal with disputes that raise issues around illegal conduct regrettably, issues of fraud, bribery and corruption do arise in the context of commercial disputes between international parties and this article looks at. The case of slovak republic v achmea bv (case c-284/16) relates to slovakia’s attempts to have an investment treaty arbitration award set aside at the seat, frankfurt, germany the arbitration was initiated in 2008 by netherlands company, achmea, under the uncitral rules pursuant to the 1991 netherlands/slovakia bit.
The islamic republic of pakistan -and- submissions on impact of minimum releases from khep on power generation at khep,” august 2013 india’s comments, cwc in its request for arbitration, pakistan stated that the parties had failed to resolve the “dispute. Law firm of the year by the rsg india consulting in its client satisfaction report (2011) chambers & partners has ranked us # 1 for tax, tmt and real estate – fdi (2011. 5 case law co-exist with statute law and in most cases a constitution 6 crimes are punished and civil wrong are rectified by compensation although the common law system is more adversarial than civil law system, why are they considered more flexible. Arbitration disputes and cases in the it industry have mainly been seen over intellectual property rights information technology is complicated in its own way and disputes related to ipr in it is complex.
Islamic law is probably best known for deterrent punishment which is the basis of the islamic criminal system, and the discrimination against women another important feature of muslim law is the fact that there is no clear separation of church and state. Paul turner, head of arbitration at al tamimi & co in dubai, and robert karrar-lewsley, a senior associate at the same firm, consider its impact on arbitration and whether it gives rise to public policy defences to enforcement under the new york convention. Justice marsoof has been very much in the forefront of muslim law reform, and is the author of several books, notable among them being the publications entitled, the quazi court system in sri lanka and its impact on muslim women and in pursuit of justice (dedicated to late kc kamalsabeyson pc former attorney general of sri lanka. Findlaw's cases and codes section contains resources and links for both state and federal laws this includes resources pertaining to constitutions, statutes, cases and more run a search for case summaries or select a jurisdiction to browse applicable laws.
This paper assesses the extent to which islamic law and its sophisticated tools have an impact on the protection of intellectual property first it presents sharī’a’s main sources the qur’an, the sunna, ijma and qiyas and explains how many principles derived therefrom can accommodate intellectual property protection. Current issues of islamic law that may be encountered as the united states is increasingly engaged in the muslim world arbitration, conciliation, and the islamic legal tradition in saudi arabiat george sayen 1 introduc7ion but cases that turn primarily on the. Updated: august 21, 2018 (librarian's choice) international commercial arbitration is a method of private dispute resolution whereby the parties to an international business contract agree to have their disputes resolved by one or more private individuals, ie, the arbitrators rather than by a court of law. Latham’s public international law (pil) practice advises clients on the effective resolution of disputes between states, or between international investors and host states in addition, the team advises on the impact of private and public international law on international commercial transactions. Arbitration clause in islamic commercial contracts the insertion of arbitration clause is generally defined as a ‘provision, included in certain construction, insurance, labor, sale or other types of contracts, requiring settlement of disputes through arbitration instead of litigation,’ 11 in islamic.
Under common law, the ownership of intellectual property is established by _____ a title deeds b use c tradition d patent c islamic law d marxist-socialist tenets e the english legal tradition in the case of arbitration. Islamic law and its own effect on settlement of ip instances in middleeast with special mention of the jordan release intellectual property's law is one of law's regions that's appeared in jordan fairly recently. Published: fri, 23 feb 2018 islamic law and its impact on arbitration of ip cases in middle east with special reference to jordan introduction the law of intellectual property is one of the areas of law that has emerged in jordan relatively recently. Its “islamic resource guidebook for educators 2017” has recommended taha ghayyur, known for advocating to gradually implement islamic law in north america ghayyur is the new executive director of the islamic society of north america.
Islam's sharia law is cast from the words of muhammad, called hadith, his actions, called sunnah, and the quran, which he dictatedthe sharia law itself cannot be altered but its interpretation, called fiqh, by muftis (islamic jurists) is given some latitudeas a legal system, the sharia law is exceptionally broad. Before starting on the subject, it should be noted that investment in saudi arabia affects investors generally, whether saudi or non-saudi, especially now that the new arbitration law issued under. An appraisal of the islamic law and legal research pursuits and their impact on some key areas of modern legal development muhammad atif nazir advocate high court lecturer, university of lahore view.
A comprehensive study of the international court of justice, this book explains all aspects of this increasingly significant legal body, including an overview of the court’s composition and its operation, its jurisdiction, its procedure, and the nature and impact of its jurisprudence. It appoints one qualified lawyer and one expert in islamic law to each case in this way, it tries to ensure that the decision reached is in line with both secular and religious law so if both parties agree, arbitral tribunals can decide certain issues by applying religious principles. Islamic law and its impact on arbitration of ip cases in middle east with special reference to jordan introduction the law of intellectual property is one of the areas of law that has emerged in jordan relatively recently.