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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