Amicable Settlements for Civil and Commercial Disputes: A Comparative Study of Emirati and Egyptian Legislations

Published in: International Journal of Economics and Business Research (Scopus)

Oct 08, 2021

Firas Massadeh Moustafa Kandeel

on-compulsory amicable dispute resolutions were examined by reviewing the legal nature and concept of mediation and conciliation within the legislations of the UAE and Egypt, in line with contemporary international legislations, such as that of France. We considered those civil and commercial law disputes which may be subject to amicable dispute resolution in pre-trial proceedings, including labour and family law matters and intellectual property rights. Within the latest legislative amended pr...

Time limitations for intellectual property in criminal and civil litigation: a comparative study of England and Jordan

Published in: International Journal of Private Law

Sep 21, 2021

Firas Massadeh Mohammad Alkrisheh Nour Hamed

In this review of Jordanian and English intellectual property laws, it became apparent that there are few legal rules regulating time limitations for civil or criminal cases. In English law, one such rule stipulates a civil limitation of no less than six years; however, there is no statute of time limitation for criminal cases, and therefore criminal offences do not fall under such limitations. In comparison, in Jordanian law the text of Article 272 of the civil law applies in relation to a sta...

Ġarar vs. Jurisprudential Necessity in Commercial Insurance Contracts

Published in: Arab Law Quarterly

Jul 12, 2021

This study deals with the effect of ġarar (uncertainty) and jurisprudential necessity on the Sharīʿah permissibility of commercial insurance contracts, using an analytical and critical approach. The study clarifies the meaning of ġarar, and its effect on contracts, by verifying the effective cause of ġarar, determining its degree, and ascertaining the rationale for its prohibition. The criterion for differentiating between trivial and substantial ġarar is discussed, as well as the views of juri...

The effect of jurisprudence and fundamentalism rules on fatwa guidelines in contemporary epidemics and diseases issues, Taking into account the major goals in Sharia

Published in: The Third International Conference on Contemporary Islamic Studies and Emerging Issues 2020 AD, which was held by the College of Islamic Sciences at Al-Madinah International University in cooperation with the College of Islamic Studies at the National Uni

Sep 30, 2020

Trademark cancellation in terms of commercial and administrative law: A comparison of the UAE and Jordan

Published in: International Journal of Economics and Business Research (Scopus)

Sep 20, 2020

Firas Massadeh Moustafa Kandeel Ali A. Massadeh

This paper concerns the method of judicial review in the dismissal of a trademark, from a procedural judicial perspective. The research examines the impact procedural laws can have on substantive laws, in terms of the influence of commercial litigation and civil procedures on one hand, and administrative law procedures on the other, regarding the potential outcomes for dismissing a trademark. In the UAE's unified legal system, the civil/commercial courts review decisions to register trademarks,...