Author

Ahmed Zaki

Abstract

Adversarial techniques such as pre-trial discovery of documents, cross-examination, and lengthy oral pleadings are now in vogue in the conduct of international commercial arbitration proceedings. This paper responds to this trend by analyzing both the adversarial and the inquisitorial systems in an attempt to demonstrate which is more fulfilling to the objectives of international commercial arbitration. These objectives are party autonomy, neutrality, efficiency, flexibility, and confidentiality. In the finale, the paper provides that although the adversarial system is in line with the autonomy rights of those who opt for arbitration, its inquisitorial counterpart is more neutral, efficient, flexible, and confidential. It argues, furthermore, that since arbitration is in essence a mechanism that comes at the expense of parties' rights in favor of the efficiency and the flexibility of the arbitral process, the inquisitorial system is more proximate to the objectives of international arbitration and, therefore, more realizing to the aspirations of its customers.

Department

Law Department

Degree Name

LLM in International and Comparative Law

Date of Award

6-1-2006

Online Submission Date

February 2013

First Advisor

Shalakany, Amr

Committee Member 1

Shalakany, Amr

Committee Member 2

Hill, Enid

Document Type

Thesis

Extent

69 p.

Rights

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. The author has granted the American University in Cairo or its agents a non-exclusive license to archive this thesis, dissertation, paper, or record of study, and to make it accessible, in whole or in part, in all forms of media, now or hereafter known.

IRB

Not necessary for this item

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