- Emad Eddien Hussein
- Email address:
- Thesis title:
- A Critical Assessment of the Legal Framework of International Commercial Arbitration in the Onshore UAE (Towards Certainty and Modernity for an Arbitration- Friendly Jurisdiction)
- Year of Study:
Dr. Emad Hussein has over 20 years’ experience as a professional practitioner in international commercial arbitration, Alternative Dispute Resolution (ADR), legal training and capacity building projects, in the UAE, Gulf States and the Middle East.
Dr. Emad is currently the Senior Advisor of the Organization of Islamic Cooperation Arbitration Centre (OIC-AC). He is also the Founder and CEO of CMI Excellence whose core business is undertaking capacity building projects, providing legal consultations, legal translations and training.
As an independent arbitration practitioner, Dr. Emad has garnered extensive experience as the Chairman, Sole Arbitrator or Party-Appointed Arbitrator in various domestic and international commercial disputes. Dr. Emad is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and a dedicated committee member of the CIArb UAE branch. He is listed on the arbitrator rosters of leading arbitration institutions such as the ICC, DIAC, ADCCAC, DIFC-LCIA, CRCICA and Tahkeem.
As an independent mediation practitioner, Dr. Emad is an accredited mediator (CEDR) and is also listed on the panels of the Investor Dispute Settlement Center, GAFI.
Dr. Emad’s specialties include: International Commercial Arbitration, Technology, Media and Telecommunications Law, Online Dispute Resolution, Construction Law & Practice, Real Estate Law and Practice, International Projects in Supply Chain Management, and Sales and Purchase Agreements.
Dr. Emad leverages his years of experience by training over 10,000 trainees in commercial arbitration, mediation, negotiation, legal drafting, leadership, strategy, and corporate excellence to empower and build young ADR and arbitration practitioners.
Dr. Emad Hussein is currently pursuing his second Ph.D in International Commercial Dispute Resolution with a focus on the critical assessment of the legal framework of the Onshore UAE arbitration regime.
The thesis will critically assess the onshore United Arab Emirates (‘UAE’) international commercial arbitration (‘ICA’) regime, which forms an integral part of the pluralistic legal system for arbitration in the UAE.
The UAE aims to emerge as a diversified and globally competitive market marked evidenced by its Vision 2021 and its five-decade centennial plan until 2071. The realization of this vision has, however, been impeded by the challenges facing the legal system of the onshore UAE, specifically in being tainted with issues of ‘uncertainty’ and the lack of ‘modernity’ of the legal framework governing ICA. Realizing these difficulties, the UAE devised a novel system to create a more suitable and familiar business climate for such parties.
The primary aim of this thesis is to identify the gaps and pitfalls in the laws and practice of the ICA regime in the onshore UAE jurisdiction and the reforms in the judicial approach towards ICA necessary for the smooth functioning in the onshore UAE, with the intention to propel the transformation of the onshore UAE regime into an arbitration-friendly jurisdiction.
The study aims to analyze the approach of the judiciary in the onshore UAE with respect to the recognition and enforcement of the foreign arbitral awards to provide a complete and comprehensive picture of the level of arbitration-friendliness of the arbitration regime in the country. This will be undertaken with respect to foreign arbitral awards that are enforced under the New York Convention, as well as under the FAL and its corresponding Cabinet Decision.
The thesis finally seeks to identify how the onshore UAE arbitration regime can transform into an arbitration-friendly jurisdiction in order to contribute to its status as an attractive seat, by considering the key legislative frameworks of ICA in other highly ranked arbitration-friendly jurisdictions like UK, France, Singapore and Hong Kong and other similarly advanced and recognized jurisdictions in order to ascertain the best practices to be adopted and incorporated in the legal framework of the onshore UAE. It is within this jurisprudential gap that the thesis will offer recommendations and reforms on how the courts ought to interpret the provisions of the FAL, keeping in line with the international best practices of the global arbitration community. To this end, the research will address the question of the effectiveness of the existing law and practices of international commercial arbitration in the UAE onshore arbitration landscape through a combination of doctrinal and comparative research.
- A Thorough Review of the International Arbitration Situation in 2018 ( Article published in Arabic in Gulf News paper dated 27 July 2018)
- New UAE Arbitration Law and the Competitiveness( Article published in Arabic in Etihad Newspaper dated 28 June 2018)
- Emad Hussein, ‘The Covid-19 Pandemic and Arbitration in the UAE: A Tale of Challenges and Opportunities’ SOAS Law Journal Vol VII (II) 2020, pg 102. Accessible at: https://8c607a4d-3252-415f-9696-9203fde0b41e.filesusr.com/ugd/79f2dc_4c59d4012acc465f93e68cc4370f3c55.pdf
- How to get a PhD in Law ( Researching, disseminating and publishing in the digital world)- Friday 10th May 2019, IALS- London
- How to get a PhD in Law ( The PhD Journey - Supervision, research ethics and preparing yourself for upgrade and viva) - Thursday 28th
- February 2019, IALS- London
- How to get a PhD in Law ( The PhD in Law and research methods)- Saturday 24th November 2018, IALS- London
- The Future of the Commercial Contracts in Scholarship and Law Reform- Friday, 12th October 2018, IALS- London
- PhD Masterclass: Top Tips for PhD Studies, Thursday 18th October 2018, IALS_ London
- Administrative Justice: New Socio-Legal Studies -Wednesday 10th October 2018, IALS- London
- The 6th ICC MENA Conference on International Arbitration - 6th - 8th May 2018, ICC, Dubai, UAE
- Fellow- Chartered Institute of Arbitrators (FCIArb)- UK
- Member- International Council for Commercial Arbitration (ICCA)- Netherlands
- Member- International Law Association (ILA)- Canada
- Listed Arbitrator- Abu Dhabi Commercial Conciliation & Arbitration Centre (ADCCAC) - UAE
- Listed Arbitrator- Dubai International Arbitration Centre (DIAC)- UAE
- Listed Expert- Abu Dhabi Judicial Department (ADJD)- UAE
- Listed Legal Translator - Ministry of Justice- UAE
- Member - International Bar Association (IBA)- UK
- Member Cassation- Bar Association - Egypt