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Why the Arab Association for International Arbitration?
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.