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Fixing the Palestinian Legal Framework for International Commercial Arbitration as a Tool for Economic Development in Non-Fully Recognized States

Hafaitha, Nadine Mowafq Fares (2024) Fixing the Palestinian Legal Framework for International Commercial Arbitration as a Tool for Economic Development in Non-Fully Recognized States. Doctoral Dissertation, University of Pittsburgh. (Unpublished)

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Abstract

The existing legal framework for international commercial arbitration is widely regarded as the most preferred mechanism for resolving cross-border commercial disputes. International commercial arbitration, commonly governed by successful legal instruments such as the New York Convention and the UNCITRAL Model Law, serves as a risk mitigation tool, enabling private parties to reduce – though not completely eliminate – certain risks associated with cross border transactions. By producing final, binding, and enforceable arbitral awards, arbitration fosters certainty, transparency, and efficiency in international transactions. This promotes investor confidence in contract enforcement, encouraging businesses and investors to engage in transactions with new and potentially unfamiliar markets. Developing economies, including those in non-fully recognized States (NFRS), can employ the universally accepted legal framework for international commercial arbitration to promote trade and investment, which can contribute towards economic development. NFRS, however, face unique challenges stemming from their non-fully recognized status as they attempt to reform their arbitration legal frameworks to meet international standards. In this dissertation, I examine the Palestinian legal framework for international commercial arbitration in comparison to the arbitration systems in the Republic of Kosovo (Kosovo) and the Republic of China (Taiwan). I address specific challenges arising from the non-fully recognized status of these economies and conclude with recommendations for the Palestinian Authority and private parties as they navigate the unique risks associated with Palestine’s status.

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Details

Item Type: University of Pittsburgh ETD
Status: Unpublished
Creators/Authors:
CreatorsEmailPitt UsernameORCID
Hafaitha, Nadine Mowafq Faresnmh60@pitt.edunmh600009-0006-5921-3440
ETD Committee:
TitleMemberEmail AddressPitt UsernameORCID
Committee ChairBrand, Ronald A.rbrand@pitt.edurbrand0000-0003-1623-4410
Committee MemberOh, Peter B.poh@pitt.edupoh0000-0002-0705-404X
Committee Membervan Weelden, Richardrmv22@pitt.edurmv220000-0002-4236-1950
Committee MemberRogers, Catherine A.
Committee MemberHamoudi, Haider Alahamoudi@pitt.eduhamoudi0000-0003-4948-1143
Date: 13 August 2024
Date Type: Publication
Defense Date: 12 July 2024
Approval Date: 13 August 2024
Submission Date: 12 August 2024
Access Restriction: 2 year -- Restrict access to University of Pittsburgh for a period of 2 years.
Number of Pages: 334
Institution: University of Pittsburgh
Schools and Programs: School of Law > Law
Degree: SJD - Doctor of Juridical Science
Thesis Type: Doctoral Dissertation
Refereed: Yes
Uncontrolled Keywords: Non-fully recognized states; NFRS; international commercial arbitration; trade flow; FDI; economic development; risk mitigation; certainty; Palestine; Kosovo; Taiwan
Date Deposited: 13 Aug 2024 14:33
Last Modified: 21 Aug 2024 13:51
URI: http://d-scholarship.pitt.edu/id/eprint/46916

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