Inderscience Publishers

Quality of arbitration rules attracts quantity of arbitrations: why it has failed in the Arab world

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Arbitration rules have been regularly revised to fit the needs of society for effective alternative dispute settlement. The continuous adoption of new rules has increased the popularity of arbitration as an effective means of settling disputes. A marked increase in the use of the main arbitration rules, such as ICC rules, LCIA rules, AAA rules, UNCITRAL arbitration rules, etc. occurred following their consistent revision. The ratio of certain contracts component recourse to arbitrations worldwide based on these rules have also increased. However, recourse to arbitration based on the arbitration rules in the Arab countries have not yet become operative as much as it should be, even though they have constantly been revised. The modern arbitration rules caused increased attraction for disputants, both individual and state party. This study analyses the influence of quality of arbitration rules between the developed countries and Arab countries. Our results show that disputants’ responses are dependent on the quality of the revision of the arbitration rules, rather than the quantity of these arbitration rules.

Keywords: developed countries, developing countries, arbitration quality, arbitrations quantity, ADR

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