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29 Arab L.Q. 1 (2015)

handle is hein.journals/arablq29 and id is 1 raw text is: ARAB LAW QUARTERLY 29 (2015) 1-30 Arab Law Quarterly BRILL brill.com/alq The New Lex Mercatoria in the Sudanese Legal System Ali Abdelrahman Khalil* Advocate & Commissioner for Oaths, Partner, Shami, Khalil & Siddig Advocates, Khartoum, Sudan ali.khalil@sksadvocates.com; aliabdelrahman@live.com Abstract This article examines the status of the new lex mercatoria within the Sudanese legal system. Its thesis is that the Sudanese legal system is capable of accommodating this rising new lex mercatoria as an autonomous legal order and that Sudanese courts have shown a considerable willingness to apply its rules. This thesis is examined and data proved through identifying the legal and jurisprudential basis for the enforcement of the new lex by Sudanese courts. Thereafter, this is further fostered by examining the Sudanese judicial application of this law. Keywords Sudanese law - Sudanese legal system - lex mercatoria - transnational commercial law; Islamic commercial law Advocate, LLB LLM (Khartoum) LLM (London). This article is mainly based on a disserta- tion submitted to King's College London as partial fulfilment of the requirements of an LLM degree. It was further developed during a one month stay as a visiting scholar at Durham University Law School in 2012. The author is greatly indebted to his supervisor ProfessorJan Dalhuisen of King's College London and to his academic sponsor at Durham Professor Tom Allen, Master of the Grey College and Professor at Durham Law School for their enormous support. Part of the reference materials of this article was consulted at Sudan Archives at Durham University. Thanks are also due to the staff of the Archives. © KONINKLIJKE BRILL NV, LEIDEN, 2015 DOI 10.1163/15730255-12341292

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