Arab arbitration recommends encountering challenges of globalization [Archives:2002/40/Business & Economy]

YEMEN TIMES STAFF
Arab Federation of International Arbitration 4th Conference held in Sana’a on September 14-15 came up with results emphasized the significance to explore a reference for the Arab arbitration under the challenges of globalization stage. It had also tackled the new challenges regarding means of settling investment disputes, electronic trade and administrating contracts and arbitration within the framework of the WTO.
The 150 Arab men-of- law conferees have over two days discussed more than 23 researches centered around discussing issues of disagreements of special characteristic, arbitration by using electronic ways, contracts of constructions, and engineering contracts.
The international agreement was reviewed as reference of rules for deciding disputes and the role of judiciary in implementing regulations of arbitration.
Working papers were centered on more important elements of the WTO’s agreements, including TREPSS agreement, which a system for settling disputes enhancing the idea of commitment to a unified world system under sovereignty of a unified law.
Working papers also agreed on the important role of arbitration in resolving disputes pertaining to those of intellectual property in accordance with Paris Agreement on protection of industrial property for 1883 and Berne Agreement on literary and art works for 1886 and the agreement on aspects related to the intellectual property rights (TREPSS), 1994.
Participants in the conference were unanimous on finding parallel Arab legislation so that to define features concerning legal protection of the Arab intellectual property and preventing the misuse of privileges granted by the TREPSS agreement to Arab and developing countries.
Mr Ismael Ahmed al-Wazeer, the Chairman of Board of Directors of Arbitration & Documentation Yemeni Center, that hosted the conference, has made it in his working paper the international agreements as a source for settling disputes, implementation of arbitration terms and role of judiciary in this respect. The paper made it clear that with the rapid spread of the economic globalization and in the context of the General Agreement on Tariffs and Trade (GATT), the agreement related to aspects of trade as part of the rights of intellectual property (TREPSS) as one of the results of the Uruguay Round in 1993.
Discussions also concentrated on significance of monitoring applications of legislation and Arab systems related to the intellectual property at the national level.
The conferees were unanimous on the necessity of distinction between international disagreements in electronic trade and regional and local disputes and also the differentiation between the scope of arbitration, whether an international or local.
Among the more important advantages agreed on in deeming arbitration as a means of settling disputes are:.
-Arbitration ruling cannot be appealed at the presentation level, though the challenge is permissible.
-Arbitration ensures independence in selecting the decision-makers and also guarantees impartiality.
-Arbitration is characterized by simplicity of procedures and its secrecy in preserving peculiarity of the intellectual property rights.
When reviewing the issue of distinguishing between trade arbitration and that of sovereignty, there was an indication to the resort by Yemen and Eritrea concerning sovereignty over the islands, sea borders and traditional fishery to the International Arbitration Court.
Participants had also discussed the role of the Chambers of Commerce and Industry to enhance and develop Arab rules of arbitration and agreements as a source for terms of arbitration and extent of convenience of implementing foreign agreements in the Arab countries.
The conferees had reached a conclusion on the necessity of holding training courses for members of arbitration centres in the Arab countries to provide them with experience in arbitration procedures field. Participants also had emphasized that trends of globalization dictate the necessity of resolving disputes with speedy and effective methods that are suitable for trade activity and the creation of equitable competitive atmospheres in Arab relations with members of world trade.
Several countries participated in the conference including, Saudi Arabia, Kuwait, UAE, Oman, Iraq, Sudan, Jordan, Egypt, Syria, Lebanon, Tunisia, and Morocco.

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