The Sudanese arbitration laws in transnational commercial arbitration and the recognition and enforcement of foreign arbitral awards, under the Sudanese disputes settlement system
Cast your vote
You can rate an item by clicking the amount of stars they wish to award to this item.
When enough users have cast their vote on this item, the average rating will also be shown.
Your vote was cast
Thank you for your feedback
Thank you for your feedback
AuthorsJebarah, Salahaldin Abdelkader
MetadataShow full item record
AbstractThe reason for writing this doctoral thesis was because of the development of the law and arbitration processes in Sudan and the issues which that process has left us with. Sudan is still going through another kind of social reform, particularly in view of the different faiths in the country, and an increasing propensity for the population to be conscious of their rights. Any single judicial process is likely to struggle to deal with such a wide range of issues, particularly in the context of increasing arbitration and transnational arbitration. The degree of uncertainty is exacerbated by the direct and indirect influence of Islamic jurisprudence on judicial outcomes. This research establishes that if the judiciary has not changed quickly enough to cope with the demands which these factors present and the development of the economy and society could be adversely affected. Furthermore, Sudan is now looking for private foreign investors, and there are reasonable grounds to conclude that the Sudanese judiciary may be inadequate to accommodate the inevitable commercial disputes which will emerge. Whether or not an effective system of dispute settlement through arbitration can be made in Sudan, it is apparent that unless Sudan gets appropriate arbitrators with sufficient knowledge of Sudanese society and law, it will be difficult for Sudan to attract much needed private foreign investment. This research engages in a critical analysis of the development of an appropriate arbitration system in Sudan and suggests that it is a condition precedent to the successful development of the Sudanese dispute resolution system.
PublisherUniversity of Wolverhampton
TypeThesis or dissertation
DescriptionA thesis submitted in partial fulfilment of the requirements of the University of Wolverhampton for the degree of Doctor of Philosophy.
The following licence applies to the copyright and re-use of this item:
- Creative Commons
Except where otherwise noted, this item's license is described as Attribution-NonCommercial-NoDerivatives 4.0 International
Showing items related by title, author, creator and subject.
Iura Novit Arbiter in England and Wales; the exercise of arbital discretionMistelis, Loukas; Potocnik, Metka; Ferrari, Franco; Cordero-Moss, Giuditta (Juris Legal Information, 2018-04-16)The role and function of the principle iura novit arbiter is contested and controversial in international arbitration. Whereas courts in civil law jurisdictions accept this principle more broadly, courts in common law jurisdictions are less willing to accept its existence in international arbitration. This chapter reviews the existing legal position in the United Kingdom (with focus on England and Wales) and argues that the broad powers of arbitral tribunals as provided for in sections 33(1)(b) and 34(2)(g) of the English Arbitration Act (1996) are better viewed as important efficiency drivers in the case management of arbitral proceedings and are less to be viewed as aspects of a “truth finding” exercise to be performed by arbitrators. Even if arbitrators find an independent line of inquiry in a case they are adjudicating, they must present this thinking to the parties, as failing to do so, would typically result in the setting aside of the award under section 68(2)(a) EAA.
The use of arbitration in the construction industry in England and Wales: an evaluation of its continuing role following the Arbitration Act 1996Henry Fisher, William (2017)Due to the influence of the construction industry on the country’s economy, resolution of disputes is very important. The Arbitration Act 1996 was passed to remedy the complaints that had made arbitration unpopular. Comments from academics and practitioners indicated that construction arbitration remained unpopular and procedural innovation anticipated had not materialised. This study considers arbitration in the construction industry in England and Wales and evaluates its use and role since the passing of the Arbitration Act 1996. It also explores the potential use of arbitration against the use of litigation, statutory adjudication, mediation and expert determination having regard to variables of size of claim and dispute. A pragmatic theoretical perspective was followed, using a survey strategy. Initially a quantitative methodology was used, with structured questionnaires sent to users of arbitration, their legal advisers and construction arbitrators. To provide extension and clarification of matters revealed from questionnaires, interviews were conducted with construction arbitrators and construction lawyers, thereby incorporating a qualitative methodology. The study shows a significant decline in the use of construction arbitration, but comparing the two periods investigated, there was less of a decline for the more recent period, compared to the earlier period. As a dispute resolution method, arbitration was considered neutral, being neither poor, nor excellent. Arbitration’s standing, overall, is poor; however, for claims between £1 million and £10 million it is similar to the other methods referred to above. Positive influences towards choosing arbitration are that arbitration is private, providing fairness, allowing control of the process with an award that is final. Negative influences are that arbitration is costly, complex with procedures styled on litigation, subject to delays and confidence issues with arbitrators’ decisions. Cost and duration of arbitration remain the most problematic features, however the investigation suggests that users and particularly their lawyer advisers are reluctant to implement cost saving procedures.
The battle of the giants: EU law, ECHR and the Energy Charter Treaty; the rematch to protect property rights in EuropePotocnik, Metka; Alvarez, Gloria (University of Aberdeen, 2019-05-09)This article explores the various levels of compensation for expropriated investments in the European legal framework. This article is timely, because it adds to the discussion on the changing position of UK investors after Brexit and whether their international protection is equal to their protection under EU law. In order to critically evaluate the proposition that energy investors are granted equivalent protection of their investments under the EU legal framework, as compared to the legal framework of investment treaties (BITs, FTAs, IIAs), this article evaluates the existing rules on compensation under the Energy Charter Treaty, the EU law and the European Convention on Human Rights.