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9 - Applicable Laws in the International Commercial Courts of the Gulf

from Part II - Jurisdiction, Applicable Law and Enforcement of Judgments

Published online by Cambridge University Press:  14 April 2022

Stavros Brekoulakis
Affiliation:
Queen Mary University of London
Georgios Dimitropoulos
Affiliation:
Hamad Bin Khalifa University
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Summary

Along the road to nation state independence, various hybrid common law courts, mixed courts and ad hoc tribunals were established throughout the Gulf region. At the turn of the twenty-first century, the most recent incarnations of these dispute resolution forums took the form of international commercial courts within newly established financial centres and off-shore free-zone jurisdictions. Focusing on applicable law in the courts of the Dubai International Financial Centre, Abu Dhabi Global Market and Qatar Financial Centre, this chapter assesses the jurisdictional differences and relevant case law across these court systems. The development of these court systems suggest that the values and symbolic capital attached to applicable law can shed light on the distinct normative and legal practices developed within these jurisdictions, and processes of hybrid transnational lawmaking generally.

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Chapter
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International Commercial Courts
The Future of Transnational Adjudication
, pp. 228 - 248
Publisher: Cambridge University Press
Print publication year: 2022

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