Mary B. Ayad

Harmonisation of Chinese Legal Culture with English Common Law Principles through International Customary Law

Chinese legal culture is compatible with ancient and current English Common Law principles in applications of international customary law construction of contracts. Proof of this is found in a recent Australian High Court…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Commercial Law & Contracts, International Law & Trade

High Court Irons Out Cultural Differences

Australia’s High Court decision, yesterday, 2 October 2012, though vague on expounding the precise legal principles underpinning its reasons, sets a sophisticated and pragmatic precedent in the topical matter of the…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, International Law & Trade

Australia's New Bilateral Investment Treaty Stance: An Open Amicus Curiae Submission

The recent Australian Parliamentary Commission’s stance that any new Bilateral Investment Treaties (hereinafter referred to as ‘BIT’s) entered into by Australia will no longer contain an alternative dispute…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, International Law & Trade

THE QUEST FOR THE HOLY GRAIL OF SOCIAL JUSTICE: SUBSTANTIVE & PROCEDURAL LAW PROVISIONS FOR AMICUS CURIAE IN INVESTOR-STATE ICSID ARBITRATION LAW & PRACTICE

The Holy Grail of ICSID Arbitration is social justice. Amicus Curiae is the Grail Castle that holds the sacred chalice of ICSID’s salvation. This paper comments on both the procedural and substantive law of amicus curiae…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Environmental Law, Indigenous Peoples, Toxic Torts

Global View: The Future of New Egypt

Three significant facts about Egypt will be discussed in depth to demonstrate why investors and arbitration counsel and practitioners are facing a New Egypt based on legitimate democratic principles necessary for mitigating…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Elections & Politics, Finance & Banking, Securities Law

TOWARDS A TRULY HARMONISED INTERNATIONAL COMMERCIAL AND

The current regulatory framework governing International Commercial Arbitration1 and International Investment Arbitration Law,hereinafter‘ICA/IIA’ Law is problematic…more
| Alternative Dispute Resolution (ADR), Conflict of Laws

Harmonisation of International Commercial Arbitration Law and Sharia: The Case of Pacta Sunt Servanda vs Ordre Public. The Use of Ijtihad to Achieve Higher Award Enforcement

International Commercial Arbitration is the preferred method of dispute resolution between parties from different legal jurisdictions precisely because of its flexibility in the choice of law. Yet, that same flexibility poses…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Conflict of Laws

HARMONISATION OF INTERNATIONAL COMMERCIAL ARBITRATION

International Commercial Arbitration is the preferred method of dispute resolution between parties from different legal jurisdictions precisely because of its flexibility in the choice of law. Yet, that same flexibility poses…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Conflict of Laws, Constitutional Law, International Law & Trade
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