国外仲裁机构
阿拉伯国际仲裁协会AAIA
发布时间:2014/8/13 15:29:36   阅读数: 7341

一、简介:

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 Arab party;

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 arbitral awards;

There is no Arab court of international commercial arbitration for the settlement of Arab disputes relating to international commerce.

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 AAIA

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:

a Chairman

One or several Vice-Presidents

A Secretary General

A Treasurer

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.

 

二、联系方式:

http://www.ahdablawfirm.com/aaiarb/default.asp?MenuID=32

e-mail: info@aaiarb.org