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Commercial arbitration and the right to a fair trial: the relation that never worked out

Commercial Arbitration continues to be the most preferable dispute resolution mechanism for business owners and companies. That does not mean, however, that the mechanism is free of defects, as while the legislatures and scholars were working on enhancing the mechanism, they disregarded the basic pr...

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Main Author: Bassily, Ramy
Format: Thesis
Published: AUC Knowledge Fountain 2013
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access_status_str Open Access
author Bassily, Ramy
author_browse Bassily, Ramy
author_facet Bassily, Ramy
author_sort Bassily, Ramy
collection Thesis
dc_rights_str_mv The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy.
description Commercial Arbitration continues to be the most preferable dispute resolution mechanism for business owners and companies. That does not mean, however, that the mechanism is free of defects, as while the legislatures and scholars were working on enhancing the mechanism, they disregarded the basic principles of the rule of law. This thesis points to emphasize the imbalance between the advantages of the arbitration mechanism and the respect of the principles of law. It typifies the effects of this imbalance on the mechanism as a whole. It also suggests some solutions that do not diminish the advantages of the mechanism, but enhance congruence between the mechanism and the legal principles. The thesis, by focusing on a new problem that began to appear, aims to encourage legislatures and scholars to reconsider their liberal approaches with regard to arbitration rules amendments.
format Thesis
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institution American University in Cairo (Egypt)
last_indexed 2026-06-10T12:35:44.926Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from AUC Knowledge Fountain — bepress
publishDate 2013
publishDateRange 2013
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publisher AUC Knowledge Fountain
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source_str AUC Knowledge Fountain — bepress
spelling oai:fount.aucegypt.edu:etds-1868 Commercial arbitration and the right to a fair trial: the relation that never worked out Bassily, Ramy Commercial Arbitration continues to be the most preferable dispute resolution mechanism for business owners and companies. That does not mean, however, that the mechanism is free of defects, as while the legislatures and scholars were working on enhancing the mechanism, they disregarded the basic principles of the rule of law. This thesis points to emphasize the imbalance between the advantages of the arbitration mechanism and the respect of the principles of law. It typifies the effects of this imbalance on the mechanism as a whole. It also suggests some solutions that do not diminish the advantages of the mechanism, but enhance congruence between the mechanism and the legal principles. The thesis, by focusing on a new problem that began to appear, aims to encourage legislatures and scholars to reconsider their liberal approaches with regard to arbitration rules amendments. 2013-06-01T07:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/869 https://fount.aucegypt.edu/context/etds/article/1868/viewcontent/final._20Ramy.pdf The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy. Theses and Dissertations AUC Knowledge Fountain Intertiol commercial arbitration Fair trial
spellingShingle Intertiol commercial arbitration
Fair trial
Bassily, Ramy
Commercial arbitration and the right to a fair trial: the relation that never worked out
title Commercial arbitration and the right to a fair trial: the relation that never worked out
title_full Commercial arbitration and the right to a fair trial: the relation that never worked out
title_fullStr Commercial arbitration and the right to a fair trial: the relation that never worked out
title_full_unstemmed Commercial arbitration and the right to a fair trial: the relation that never worked out
title_short Commercial arbitration and the right to a fair trial: the relation that never worked out
title_sort commercial arbitration and the right to a fair trial the relation that never worked out
topic Intertiol commercial arbitration
Fair trial
url https://fount.aucegypt.edu/etds/869
https://fount.aucegypt.edu/context/etds/article/1868/viewcontent/final._20Ramy.pdf
work_keys_str_mv AT bassilyramy commercialarbitrationandtherighttoafairtrialtherelationthatneverworkedout