Author: Hamzeh Haddad**
Published: March 1990
Jurisdiction: Middle East |
Topics: Commercial Disputes |
Description: This brief study summarizes the Arab Convention for Commercial Arbitration,1 signed in Amman in 1987 (“Amman Convention”) by all Arab countries except Egypt. The Convention has not yet come into force because it requires ratification by at least seven countries (art. 39), but has been ratified by only six.2 The Convention is highly significant as it is the first and only Arab agreement regulating arbitration for all commercial disputes. Besides setting out provisions for proceedings and awards, which will be discussed here, the convention also provides for the establishment of an Arab Arbitration Centre.
The Arab Arbitration Centre, located in Rabat, Morocco, has an independent legal personality and consists of three bodies: the Board of Directors, the Office, and an Authentication Director. According to article 5.1 of the Amman Convention, each contracting state is entitled to appoint one member of the Board of Directors, who should have experience in arbitration and law. The member may be a citizen of the state appointing him or of any other Arab country.
The board will choose from among its members a President and two vice-presidents for three-year renewable terms. The President is the Chairman of the Board and represents the Centre (art. 9). An arbitrator must, before commencing his task, take an oath before the President or any other person nominated by him for this purpose (art. 14.2). Also, the President receives the request for arbitration and notifies the respondent (art. 17.1). He then has to refer the arbitration file to the arbitration tribunal after its formation (art. 20). A request for revoking the award, when it is justified,3 must be addressed to the President, who refers it to the Centre’s Office for judgment (art. 34). Finally, the power to convene the Board is vested in the President (art. 6.3).
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**Doctor of Laws, Assoc. Prof., University of Jordan