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Competing rationalities: The evolution of arbitration in commercial disputes in modern Jordan.

Al-Ramahi, Aseel (2009) Competing rationalities: The evolution of arbitration in commercial disputes in modern Jordan. PhD thesis, London School of Economics and Political Science (United Kingdom).

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Abstract

International commercial arbitration is recognised as the most widely accepted form of dispute resolution in international trade in both the Middle East and the West. But in the Middle East divergent, competing rationalities are constantly close to the surface and repeatedly collide in arbitration cases of international commercial disputes. The Islamic Middle East focus is on maintaining tradition and safeguarding relationships, features that both stand at the heart of the dispute resolution culture of the region. By contrast, in the West, international commercial arbitration is adversarial and individualistic, following the neo-classical model of law. In recent times when the western model has been superimposed on this deeply entrenched dispute resolution culture, hostility and dissatisfaction have resulted. In addition, instances of perceived or actual Western ignorance and bias against Shari'ah have led to even more resentment on the part of the Arab players. Both Islamic law and tribal customs impose a duty of reconciliation on any intervener in a dispute. This third party must attempt to help the disputing parties reach a settlement that is just and fair. This clash of cultures is explored in detail in this thesis which uses Jordan as the case study. Jordan has a rich and embedded tribal history and traditions, which remain very much a part of contemporary society. The tribes of Jordan are critical stakeholders of the state and their customs are presented as key pillars of the identity of a Jordanian. Reconciliation is a positive feature of Middle Eastern dispute resolution dimensions of which this thesis suggests could be incorporated in the international commercial arbitration model, making it more representative of, and responsive to, a wider variety of cultural traditions.

Item Type: Thesis (PhD)
Uncontrolled Keywords: Political Science, International Law and Relations, Middle Eastern Studies
Sets: Collections > ProQuest Etheses
Departments > Law
URI: http://etheses.lse.ac.uk/id/eprint/2993

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