Dr. Kilian Bälz on Arbitration in the MENA Region, 5 January 2023
"What do you do when you have a client from the MENA region? - You rest well, prepare for the case, be polite and be reasonably flexible, just as you would with any other client!”. This sentence highlights that most rumours and stereotypes about dispute resolution in the Middle East and North Africa are exaggerated. Nevertheless, there are some points to consider and plan for when resolving disputes in this region.
Dr. Kilian Bälz, Partner at Amereller and an expert on arbitration in the MENA region, held an interesting lecture for the IDR LL.M. students to clarify these points. The focus was on specific features of arbitration and the international dispute resolution market in the MENA region.
Dr. Bälz started with defining what countries the MENA region entails, namely countries which share linguistic, cultural and historical ties. He then moved on to explaining what is special about arbitration in the MENA: the economic growth and development of various sectors, especially the infrastructure sector, the surging demand for dispute resolution mechanisms after the Arab Spring and the preference of foreign investors and business partners to avoid national courts and to settle disputes privately.
The lecture also dealt with the legal framework of arbitration in the MENA and with the spread of the UNCITRAL Model Law in different arbitration centres across the region. Dr. Bälz pointed out factors to take into account when drafting arbitration clauses for business transactions in the region, such as additional approvals that might be necessary for the clause to be valid.
The lecture ended with some remarks on the enforcement of arbitral awards in the region, with comments made on the New York Convention and the Convention of Riyadh.
Dr. Bälz granted us valuable insights into the essential market that is the MENA region and the class was full of stimulating discussions. All students learned something new that can be put to use in their own practice.
Farah Ossama Fawzy, IDR LL.M. Candidate