Articles
№1 2024 LAW PRACTICE

YUSUF ZAINULABDDIN MOHAMED ZAINAL. COMMERCIAL ARBITRATION: A SUCCESSFUL ARAB RECIPE

Mr. Yusuf Zainulabddin Mohamed Zainal, Member of the Board of Directors of the G.C.C. Commercial Arbitration Centre (Gulf Cooperation Council Commercial Arbitration Center), talks in an exclusive interview with ‘Eurasian Dialogue’ magazine about the peculiarities of the development of international arbitration at the present stage and the work of a special institution in this field – G.C.C. Commercial Arbitration Centre.
– Mr. Zainal, in your opinion, which areas of the international jurisprudence do require the most attention today and why?

– There are several critical domains within international jurisprudence that demand significant attention in light of the ongoing transformations and challenges facing the world today. Among these, international commercial arbitration stands out as a crucial area necessitating considerable focus. With the continual evolution of global trade and the escalating forces of globalization, there is a growing need for effective mechanisms to resolve commercial disputes between parties from diverse countries.

Consequently, there is a pressing need for the advancement and standardization of laws and procedures governing international commercial arbitration, along with a deeper comprehension of the myriad legal and cultural intricacies inherent in this arena.

Similarly, the field of human rights and international humanitarian law confront profound challenges that warrant sustained attention and action. It is imperative to continuously strive to bolster the protection of human rights, enforce international humanitarian laws, and ensure justice and accountability in cases of violations.

Furthermore, the sphere of environmental law and climate change commands increasing significance as global concerns regarding environmental degradation and climate change intensify. Challenges in this domain pose existential threats on a global scale, necessitating swift international responses and robust cooperation. Strengthening international collaboration in environmental protection, implementing agreements to safeguard the environment, and devising legal frameworks and mechanisms to mitigate climate change and reduce harmful emissions are imperative for ensuring environmental sustainability.

It is crucial to recognize that these areas of focus are interconnected and intersect with one another. Therefore, a comprehensive and balanced approach to the development of legal systems pertaining to each of these domains is essential. Such an integrated perspective is paramount to effectively addressing the complex challenges facing the global community in the field of international law.

– How important is the role of Russia as one of the key states on the international agenda for strengthening stability in the field of the international law?

– Russia holds a pivotal role in advancing stability within the field of international law, owing to its status as a prominent player on the global stage. Several factors underscore the significance of Russia’s role in this domain, with its membership in the Security Council serving as a cornerstone.

As a permanent member of the United Nations Security Council, Russia wields considerable influence, particularly in matters pertaining to international law. Its ability to exercise the veto power within the Security Council enables Russia to safeguard its interests and contribute to the promotion of stability and justice on an international scale.

Moreover, Russia assumes a significant role in facilitating the resolution of international disputes, both as a mediator and as an active participant in various diplomatic initiatives. This proactive engagement serves to bolster adherence to international law and human rights, thereby fostering stability and cooperation among nations.

Additionally, Russia is committed to enhancing international cooperation across multiple fronts, including counterterrorism efforts and environmental protection. By fostering collaboration and mutual understanding, Russia contributes to the effective application of international laws and reinforces global stability.

Russia’s engagement in promoting compliance with international humanitarian law and human rights further underscores its commitment to upholding principles of justice and fairness on the international stage. Through participation in international forums and organizations, Russia actively advocates for the protection and promotion of human rights, thus bolstering international justice initiatives.

In essence, Russia’s multifaceted contributions across various spheres of international law play a crucial role in advancing stability, fostering cooperation, and upholding the principles of justice and human rights on a global scale.

This demonstrates Russia’s endeavor to shift from a unipolar system to a multipolar system. The multipolar system, which is gaining popularity, can be exemplified by BRICS. BRICS brings together countries such as Brazil, Russia, India, China, South Africa, Egypt, Saudi Arabia, and United Arab Emirates and others, aiming to establish a new system. It is important to accompany this political system with a corresponding legal framework.
– What were the main reasons for the creation of the GCC Commercial Arbitration Centre?

– The GCC Commercial Arbitration Centre, an autonomous entity within the Gulf Cooperation Council (GCC), was established primarily to facilitate the resolution of commercial disputes among individuals and official entities within the GCC member states. Its inception stemmed from the provisions outlined in the GCC Economic Agreement, with a core objective of addressing and resolving commercial disputes among Gulf citizens or involving parties from within the region.

The Centre serves as a neutral and specialized platform for the resolution of commercial disputes, offering an alternative to traditional judicial processes. Arbitration, being the preferred method, ensures expedited proceedings and maintains confidentiality, thereby offering a swift and efficient means of dispute resolution.

Furthermore, the establishment of the Centre aims to bolster the investment climate across the Gulf region. By providing an effective and trustworthy mechanism for resolving commercial disputes, the Centre fosters confidence and stability in the business environment. This, in turn, encourages both local and foreign investors to engage in business activities within the region, thereby catalyzing trade and economic development initiatives.

The GCC Commercial Arbitration Centre plays a vital role in promoting business stability, fostering investor confidence, and stimulating economic growth across the GCC member states through its provision of efficient and reliable commercial dispute resolution services.

– In your opinion, what are the principles, main ideas and goals of the Commercial Arbitration Centre that make it important for the international law? How does the Commercial Arbitration Centre stand out from other similar international legal institutions?

– The vision of the Centre is to strive for ‘Distinguished Arbitration in the GCC Countries to Achieve Justice and Fairness.’ This vision underpins our mission to elevate arbitration as a distinct and effective mechanism for resolving commercial disputes, thereby attracting foreign direct investments and fostering a culture of arbitration.

At the GCC Commercial Arbitration Centre, we are committed to pursuing a set of core objectives that drive our strategic focus. These objectives include upholding principles of justice, impartiality, and honesty to ensure the integrity of the arbitration process and safeguard the interests of all parties involved. Additionally, we aim to enhance the Centre’s standing and reputation within the regional and international business communities, emphasizing its legal stature, the nature of its judgments, its inherent advantages, and its immunity as an institution affiliated with the Gulf Cooperation Council.

Furthermore, we are dedicated to forging strong partnerships with chambers of commerce, arbitration Centres, and judicial bodies to foster productive collaboration in the field of commercial arbitration. Our aim is to provide comprehensive, high-quality professional services that not only support the dissemination of arbitration culture but also align with the diverse aspects of community service outlined in the Centre’s objectives.

The Centre’s specialization in the GCC region, coupled with its adherence to modern arbitration laws and best practices, extensive experience in the field, flexible and expeditious procedures, and commitment to trust and confidentiality, distinguishes it as a premier organization among legal entities. As such, it emerges as the preferred choice for resolving commercial disputes in the region, offering a superior alternative to traditional legal avenues.
– On what principles and in what main areas is the cooperation between the Commercial Arbitration Centre and the IOEC (the International Organization of the Eurasian Cooperation) based?

– The collaboration between the Commercial Arbitration Centre and the IOEC is grounded in the principles of advancing international arbitration and fostering the exchange of knowledge and expertise.

This collaboration spans multiple areas aimed at enhancing the capabilities and understanding of parties involved in cross-border commercial disputes:

• Promotion of international arbitration: The Centre and the IOEC collaborate to elevate the role of international arbitration as a potent means of resolving commercial disputes.

This involves promoting and refining practices and laws related to international arbitration, as well as offering
support and guidance to parties engaged in cross-border disputes.

• Exchange of knowledge and expertise: The Centre and the IOEC engage in mutual sharing of knowledge and expertise in commercial arbitration and international law.

This entails mutual support and assistance in developing arbitration laws and practices, along with sharing experiences and lessons learned in the field of international arbitration.

• Training and Education: Both entities prioritize the advancement of training and education in commercial arbitration. They jointly organize workshops and training courses aimed at enhancing skills and knowledge in arbitration, as well as raising awareness of international best practices in the field.

• Facilitating access to arbitration: The Centre and the IOEC collaborate to facilitate parties’ access to arbitration mechanisms and Centres.

They offer advice and support to parties seeking arbitration services, providing guidance and information on the necessary procedures and requirements for filing commercial claims.

• Organizing events and conferences: The Centre and the IOEC join forces to organize collaborative events and conferences focused on commercial arbitration.

These gatherings serve as platforms for the exchange of ideas and knowledge, fostering communication among experts and stakeholders in the field of international arbitration.

Through these concerted efforts, the collaboration between the GCC Commercial Arbitration Centre and the IOEC contributes significantly to the advancement and promotion of international arbitration, enriching the landscape of crossborder dispute resolution and fostering greater cooperation and understanding among parties involved.

– What is the most important thing, in your opinion, that the IOEC can contribute to the work to strengthen the international law in the projects of the Commercial Arbitration Centre?

– Primarily, I see the importance of strengthening international arbitration rules, through the development of unified arbitration rules applied in all countries of the world, as this helps to ensure the consistency and integrity of the arbitration process, and also support the adoption of international arbitration rules, as the organization contributes to supporting the adoption of international arbitration rules by states and international institutions.

Second, spreading the culture of arbitration, by organizing events among stakeholders, such as traders, investors and lawyers, and this contributes to raising awareness of arbitration as an effective means of resolving disputes, as well as publishing educational materials about arbitration, such as books, articles and reports, as this helps to increase knowledge of arbitration and encourage its use.

Thirdly, strengthening international cooperation by facilitating cooperation between international institutions working in the field of arbitration, with a view to exchanging experiences and enhancing international cooperation in the field of arbitration, as well as supporting the Organization for developing countries in the field of arbitration, such as providing technical assistance and organizing training programs, and this helps to strengthen the rule of law and improve the investment environment in developing countries.

– What is the benefit and convenience for the Russian companies to seek the assistance from the Commercial Arbitration Centre?

– Russian companies stand to gain significant advantages by seeking assistance from the GCC Commercial Arbitration Centre, benefiting in several ways:

• Fast and Effective Dispute Resolution: The Centre offers swift and efficient arbitration procedures for resolving commercial disputes. This expedites the process, enabling Russian companies to obtain final decisions much quicker compared to traditional judicial systems.

• Access to Expertise: The Centre appoints experienced and competent arbitrators, ensuring Russian companies benefit from specialized expertise in areas such as commercial law and international trade. This guarantees arbitration decisions are based on a comprehensive understanding of complex commercial issues.

• Confidentiality and Privacy: Arbitration sessions conducted by the Centre are strictly confidential, safeguarding sensitive commercial information and details related to the dispute. This confidentiality provides companies with peace of mind and protects their business interests.

• International Recognition and Enforcement: Arbitration awards issued by the Centre are eligible for enforcement and international recognition.

This means that once an award is issued, Russian companies can enforce it in numerous countries worldwide. This provides an effective mechanism for companies to assert their rights and demands globally.

• Flexibility in Procedures: The Centre offers flexibility in arbitration procedures, allowing Russian companies to select the language and applicable law for the proceedings. This flexibility enables companies to tailor the arbitration environment to their preferences, enhancing their comprehension of the case and ensuring a more favorable outcome.