Although discussion surrounding the issue of “Arab arbitration” and the accessibility of international arbitration to practitioners from the “Arab world” is not by any means new to practitioners in the field, aside from the publication of a handful of articles and commentaries, there is a clear lack of statistical information and sociological studies on the subject. While this article briefly sets out the contemporary significance of arbitration in the Arab world, and examines some of the issues bound up in the notion of its progression, it also aims to spark wider and renewed debate regarding issues such as (i) what is “Arab arbitration”; (ii) is there an underrepresentation of practitioners from the “Arab world” participating as both counsel and arbitrators in international commercial arbitration; (iii) is there a need for the creation of a community of Arab arbitrators in the same way as there exists a community of European arbitrators; (iv) if such a need is identified, is there a sufficient basis in the Arab world to do so; and (v) to what extent, if any, do the culture and origins of arbitrators and counsel influence the outcomes of international arbitration proceedings anyway? It is hoped that this article will renew momentum for the analysis of these issues and underscore the importance of the promotion of the participation of Arab practitioners in international arbitral proceedings and on their tribunals.
Journal of International Arbitration