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Some aspects of jurisdiction in international commercial arbitration

Al Jazy, Omar Mashhoor Haditheh (2000) Some aspects of jurisdiction in international commercial arbitration. Doctor of Philosophy (PhD) thesis, University of Kent. (doi:10.22024/UniKent/01.02.86163) (KAR id:86163)

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Official URL:
https://doi.org/10.22024/UniKent/01.02.86163

Abstract

International commercial arbitration has demonstrated the level of controversies involved in international commercial transactions and the conflicting interests between developed and the developing States, especially in the context of international investment matters. The diversity of the parties involved in international commercial relations manifests itself in conflicting goals and interests. Due to this, international commercial disputes are intrinsic and inevitable. The subject merits a fresh scholarly study ever more increasingly in the wake of recent proliferation of= international commercial dispute mechanisms and in the context of a recent wave of movement towards globalisation and liberation of trade and investment. However, this study is concerned only with some aspects of jurisdiction, one of the major central themes of international commercial arbitration. The central argument of this thesis is that there should not be competition between national courts and arbitral tribunals in seizing jurisdiction over international commercial disputes; but rather a real harmonious partnership between arbitral mechanisms and national courts. In particular, the emphasis should be upon the responsiveness to the needs of parties to international commercial disputes, and the adoption of liberal approaches towards international commercial arbitration in the era of globalisation of investment. The aim of this thesis is to contribute towards the effective understanding of international commercial arbitration as a pragmatic legal mechanism for promoting international business in a more balanced, equitable, and beneficial environment, by examining some aspects of jurisdiction in relation to international commercial arbitration, this is explained in (Chapter One) of this thesis. Therefore, Part I starts by analysing positive and negative aspects of jurisdiction in international commercial arbitration. Positive aspects include the foundations of the arbitral process, represented by the doctrines of severability of the arbitration agreement and competence-competence (Chapter Two). Negative aspects are dealt with as jurisdictional challenges to the arbitral tribunals, and here arbitrability is taken as a case study (Chapter Three). In Part II selected areas are used as case studies to explore a series of themes illustrating jurisdictional,issues; such as the jurisdiction of arbitral tribunals under Islamic law (Chapter Four), the jurisdiction of ICSID (Chapter Five) and the granting of interim measures by arbitral tribunals (Chapter Six). Consequently, in Part III a series of recommendations are put forward in respect of what lessons can be learnt, and the implications for promoting effective formats in overridi

Item Type: Thesis (Doctor of Philosophy (PhD))
DOI/Identification number: 10.22024/UniKent/01.02.86163
Additional information: This thesis has been digitised by EThOS, the British Library digitisation service, for purposes of preservation and dissemination. It was uploaded to KAR on 09 February 2021 in order to hold its content and record within University of Kent systems. It is available Open Access using a Creative Commons Attribution, Non-commercial, No Derivatives (https://creativecommons.org/licenses/by-nc-nd/4.0/) licence so that the thesis and its author, can benefit from opportunities for increased readership and citation. This was done in line with University of Kent policies (https://www.kent.ac.uk/is/strategy/docs/Kent%20Open%20Access%20policy.pdf). If you feel that your rights are compromised by open access to this thesis, or if you would like more information about its availability, please contact us at ResearchSupport@kent.ac.uk and we will seriously consider your claim under the terms of our Take-Down Policy (https://www.kent.ac.uk/is/regulations/library/kar-take-down-policy.html).
Uncontrolled keywords: Transactions; Investments
Subjects: K Law > K Law (General)
K Law > KZ Law of Nations
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
SWORD Depositor: SWORD Copy
Depositing User: SWORD Copy
Date Deposited: 29 Oct 2019 16:31 UTC
Last Modified: 10 Dec 2021 14:28 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/86163 (The current URI for this page, for reference purposes)
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