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United Arab Emirates Court of Cassation Judgments provides, for the first time in any language, summaries of key decisions of the Courts of Cassation (Supreme Courts) of Dubai and Abu Dhabi in the United Arab Emirates from 1998 - 2003. These decisions concern questions of jurisdiction, conflict of laws, banking, insurance, maritime law, arbitration and commerce in general and will be of major relevance and interest to all entities (and their legal advisors) doing business in and with the United Arab Emirates. The essence of each decision is first set out in a few lines and then explained in more detail, though still in a summarized format that is readily assimilable by the businessman as well as the lawyer. The book does much to reveal the workings, attitudes and jurisprudence of the United Arab Emirates Courts, an area often of mystery to businessmen.
"This desk-book presents the intellectual property laws and practice in the United Arab Emirates with practice commentary and English translations of the laws in question. It covers patents, designs and know how; trademarks and copyrights"--Provide by publisher.
This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.
This book is based on a project on the "Rights of the Child in Criminal Law in Iran and Other Muslim States," carried out by The British Institute of International and Comparative Law. The goal of this project is to enhance the implementation of non-discriminatory laws relating to children in Muslim States' criminal justice systems, through training, research, and providing support to advocacy work. The book is the result of a comparative study on the age of criminal liability in Muslim States, aimed at providing strong material for advocacy and research on the subject. National Rapporteurs from Muslim and European States have participated in completing a questionnaire on the subject. The countries involved in the study include Afghanistan, Egypt, Iran, Malaysia, Nigeria, United Arab Emirates, Pakistan, Spain, as well as the UK. In order to place the study in context, it also features chapters covering the history of child criminal law, and an introduction to Islamic criminal law as it
Al Tamimi (a licensed advocate of the Courts of the United Arab Emirates) offers a "detailed guide to litigation and arbitration in the United Arab Emirates based on Federal laws, laws specific to the individual Emirates, judgments delivered by the Court of Cassation and International Conventions to which the United Arab Emirates is a member," acco.
This book examines the intersection between contemporary International Commercial Arbitration and Shariʿa law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shariʿa, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shariʿa and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the ‘Shari’a Standards’ developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.
The cases are edited and translated by the prominent legal scholar, arbitrator and lawyer Dr. Mohie Eldin I. Alam-Eldin. His in-depth commentary on the thirty-four cases included in this volume encompasses discussion of emerging new arbitral trends and principles, such as the alter ego and contra preferentum doctrines, and new approaches to arbitration engendered by the ever-growing and changing practises and patterns of internatuional trade. He also analyses many of the new issues raised by the decisions of the court of appeal in cases where arbitral awards proved unsatisfactory. Many of these court of appeal decisions are included in the text, as are relevant decisions of the Supreme Court of Egypt. This second series of cases brought before the Cairo Regional Centre for International Commercial Arbitration covers the period 1997-2002, years which witnessed a major growth in confidence in the Centre and a corresponding expansion in scope, procedure, and legal principles. Perhaps most notable among these important developments is the evolution of hybrid procedures that permit the harmonization of legal cultures among parties. In this book will be found a number of cases which successfully blend common law, civil law, and Sharia principles while rigorously adhering to the agreements between the parties, all applicable law, and guarantees of defence. The subject matter of the international disputes arbitrated includes the following: - Supply - Hotel management - Software contracts - Oil contracts - Distributorship contracts - Insurance contracts - Credit risk management contracts - Construction - Commercial agency The significance of the Cairo Regional Centre for International Commercial Arbitration, as a forward-looking and innovative institution directly influencing business activity in some of the most important areas of global commerce, can hardly be overstated. This book validates and reinforces the Centre pivotal role, and will be of inestimable value to the international commercial arbitration community.
Islamic Law in Past and Present, written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and ‘law in action’ are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.