The increasing development of international
commerce and investments resulted in arbitration clauses being inserted into
the various international commercial contracts.
Today, international commercial arbitration
is the established method for resolving disputes between parties to
international commercial agreements.This is due to the guarantees and numerous
advantages offered by arbitration to both parties of the contract: the feeling
that they do not submit to the national courts of one party, the simplicity of
the proceedings, speedy settlement of the dispute and continuance of amicable
relations between the parties, etc...
Most international contracts performed in
the Arab world contain an arbitration clause submitting any arising dispute to
international or regional arbitration centers, and determining that an Arab law
is the applicable law.
Despite the increase of international
proceedings settled by arbitration, where at least one of the parties is an
Arab party, the following can be noted:
There is an imbalance in the selection and
the appointment of arbitrators. This is unfavorable to the Arabs. Indeed, to
date, the arbitration organizations have
not sufficiently opened the door for qualified Arab jurists to enable them to
participate in international arbitration, even though an Arab law is applicable
to the dispute;
There is an insufficient presence of Arab
jurists in the field of international arbitration, as arbitrators or as
counsels. This does not ensure the necessary protection of the interests of the
Official Arab institutions, as well as
businessmen, are as yet not sufficiently familiar with the role of arbitration
in the settlement of international commercial disputes;
Arbitration is insufficiently, or not at all,
taught in the law faculties of Arab universities. This often means that Arab
jurists are unable to give sound legal advice on international investments in
general and arbitration in particular;
There is no association of Arab arbitration
jurists for arbitration which could uphold and consolidate their role in the
protection of the interests of Arab parties and their right to obtain fair
There is no Arab court of international
commercial arbitration for the settlement of Arab disputes relating to
Thus was born the idea of the creation of
an Arab Association for International Arbitration (A.A.I.A), so as to fill this
gap and regroup Arab jurists interested in international commercial arbitration
within the frame-work of a sole institution in order to defend Arab interests
before specialized institutions of international arbitrations: choice of Arab
arbitrators, choice of Arab lawyers, a good implementation of Arab law.
This Association will guide a whole
generation of Arab arbitrators and lawyers, with the purpose of training and
qualifying Arab specialists able to fulfill their legal responsibilities. This
training shall be made by spreading arbitral doctrines through the holding of
conferences, publication of brochures and leaflets, encouragement of legal
research and the creation of an Arab Court of Arbitration.
The A.A.I.A was founded in September 1991.
It is composed of the most important and eminent Arab jurists belonging to
different Arab countries. Its seat is in Paris (France) where the most important
international arbitration institutions are located.
To fulfill its objectives, the A.A.I.A
develops its cooperation with all arbitration institutions, on subjects such as
the choice of arbitrators, lawyers, Arab legal thinking and legislation.
The Arab Association for International
Arbitration addresses itself to:
Arab businessmen, through the Arab chambers
of commerce and industry;
Arab jurists, especially those specialized
in international commercial arbitration;
Law students in Arab universities;
All those who are interested in
international commercial arbitration in the Arab countries.
The main provisions of the statute of the
The A.A.I.A. was founded in the shape of an
association governed by the French law of 1901.
The purpose of the Association is to:
Favour and develop knowledge and practice
of arbitration and Arab business law.
Organize meetings, teaching seminars and
conferences on arbitration.
Constitute a documentation centre with the
laws and rules in force in the Arab countries and pertaining to its objectives.
Create arbitration rules and organize
arbitrations between Arab parties.
Edit and publish any publication assisting
it in attaining its purpose.
Consolidate the links with the different arbitration
institutions through out the world and notably in the Arab countries.
The seat of the Association is in Paris.
It is comprised of honorary members,
founding members, and active members.
The Association is managed by a board of
administration of six to fifteen administrators chosen among the members
(natural persons) of the Association. These persons are chosen for three years
and may be reelected.
The board of administration chooses amongst
its members and Executive Bureau:
One or several Vice-Presidents
A Secretary General
The Executive Bureau exercises the
functions of the Board of Administration when the latter is not in session.
The Board of Administration has the largest
powers to manage the Association.
It also supervises the management of the
members of the Executive Bureau.
The Board of Administration issues “the
Arbitration Rules” of the A.A.I.A as well as its internal rules.
It makes decisions (without motives) on all
admissions or validations of members.
The Board also appoints the members of the
“Court of Arbitration” whose mission is to supervise the procedure of claims to
arbitrations submitted to the Association.