3 research outputs found

    The Arbitration in Urgent Matters In Light of the Comparative and the UAE Laws

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    The interim protection for legal rights is one of the methods of judicial protection that avoids the risk of delay in the implementation of the law and in providing objective protection for these rights and centers, as well as to preserve them from this risk by taking urgent, temporary or conservative measures by issuing judgments or orders. Therefore, the aim of this research is to answer the following questions: does the arbitrator have the right to consider interim requests to achieve this protection, and if yes what is the legal base of this authority? What are the authorities of the arbitrator in terms of comparative law and the UAE law No. 6 for 2018? These questions are investigated in this study in details which starts with the definition of interim relief and methods of their protection (first part). The second part examines the authorities of the arbitrator to issue interim decisions, while the last part focuses the scope of the authority of the arbitrator to ensure interim protection and the extent to which litigants may agree to exclude the jurisdiction of the interim relief of formal courts

    The Arbitration of Interim Relief in Terms Of Comparative and Emirati Law

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    The interim protection for legal rights is one of the methods of judicial protection that avoids the risk of delay in the implementation of the law and in providing objective protection for these rights and centers, as well as to preserve them from this risk by taking urgent, temporary or conservative measures by issuing judgments or orders. Therefore, the aim of this research is to answer the following questions: does the arbitrator have the right to consider interim requests to achieve this protection, and if yes what is the legal base of this authority? What are the authorities of the arbitrator in terms of comparative law and the UAE law No. 6 for 2018? These questions are investigated in this study in details which starts with the definition of interim relief and methods of their protection (first part). The second part examines the authorities of the arbitrator to issue interim decisions, while the last part focuses the scope of the authority of the arbitrator to ensure interim protection and the extent to which litigants may agree to exclude the jurisdiction of the interim relief of formal courts

    The Prohibition of Restrictive Trade Agreements to Competition in Accordance with Article 101 of the EU Agreement : Analytical Study in light of the decisions of the European Court of Justice and the Office of Competition Affairs of the European Union

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    The aim of this paper is to detect the general criteria and measures- adopted by the European court of justice and the European commission for competition- with regard to agreements between undertakings that may affect trade between Member States, in order to ensure internal market requirements and the protection of consumer legal interests when making market transactions. Article (101) of the European Union treaty prohibits all agreements between undertakings that may affect trade between Member States. In contrast, it does not determine how to apply and ensure this prohibition. All Arab legal systems did the same. This requires us to take advantage from jurisdictions and administrative decisions issued by the European court of justice and the European commission for competition, to conclude jurisprudences and administrative decision dealing with the application of this prohibition. This research begins with the explanation of the scope of application of the prohibition via determining the activities of the contracted undertakings subject to this control in addition to the legal nature of the controlled agreements. In its second part, the study discuses used legal conditions and measures that may affect trade between member States
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