The Sudanese arbitration laws in transnational commercial arbitration and the recognition and enforcement of foreign arbitral awards, under the Sudanese disputes settlement system
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.
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