Foreword

This edition of the Disputes Newsletter explores the continued evolution of litigation and dispute resolution across the Middle East and North Africa, reflecting the growing sophistication and complexity of disputes arising before courts and arbitral tribunals in the region. Developments in arbitration practice, constitutional rulings, and legislative reform remain central to shaping this landscape.

Judicial decisions examined in this issue highlight the importance of party autonomy and clarity of intention in arbitration agreements, alongside procedural precision in determining the seat of arbitration and the enforceability of arbitral awards. Recent rulings from higher courts further demonstrate the judiciary’s approach to public policy considerations, costs and legal fees, and the boundaries of judicial intervention in arbitral proceedings.

Legislative and constitutional developments also feature prominently. Articles in this edition consider the implications of constitutional judgments affecting competition law, gaps arising from legislative invalidation, and evolving statutory frameworks governing areas such as tax disputes, employment classification, and the legal consequences of corporate dissolution. These developments underscore the need for practitioners to reassess legal strategy in light of shifting regulatory and judicial interpretations.

Commercial disputes continue to drive significant litigation activity across the region. This issue addresses enforcement against registered shares, banking interest principles, maritime carriers’ liability under carriage of goods contracts, and the personal liability of board members for mismanagement. Together, these topics illustrate the increasing scrutiny applied to commercial conduct, corporate governance, and financial arrangements.

Sector-specific disputes are also receiving heightened attention. Contributions examine the legislative evolution of non-human organ transplantation, the criminal liability associated with serious medical errors, and settlement mechanisms under competition law regimes. These matters reflect the increasingly technical and regulated nature of disputes emerging within healthcare, maritime, and competition-sensitive sectors.

As cross-border transactions and multi-jurisdictional arrangements continue to expand, the need for consistent legal interpretation and effective dispute resolution mechanisms has never been greater. The articles in this edition provide practical analysis and insight to assist businesses, legal practitioners, and stakeholders in navigating an increasingly complex disputes environment.