In this article, I explore whether and how Middle Eastern legal process can be reconciled with the idea of timeliness. The idea that any procedure physically within the Gulf Cooperation Council (GCC) and Middle East and North Africa (MENA) regions could be both fair and expeditious may appear counterintuitive to those brought up in the Anglo-American legal tradition, and the suggestion that there could exist a notion of “timely Middle Eastern procedure” that produced just and fair results is more than likely to be treated as an oxymoron. Administrative, political and legal processes throughout the Levant and Arab world are, when viewed through Western eyes, more than likely to be characterised as corrupt, slow or even Kafkaesque. I argue that procedural delay is an inherently problematic and relative concept, both legally and culturally speaking, which cannot make sense without introducing robust time standards against which court processing time can be evaluated. I seek to elucidate the fundamental nature and causes of procedural delay in relation to civil trials and propose the adoption of a distinct methodology that could be used to more objectively assess court efficiency in handling civil cases throughout the GCC and MENA regions.
Abdullah AbdulRahman Al Janahi Al Khatib, Legal Regulation for Case Management Office & Its Role in Reducing: Slow Litigation Settlement Problem, paper given at UAE University (UAE, 26–27 September 2016).
Acorn, A. and J. Buttuls, The Not Now Habit: Procrastination, Legal Ethics and Legal Education, 16 Legal Ethics (2013).
Aldashev, G., Legal Institutions, Political Economy, and Development, 25 Oxford Review of Economic Policy (2009).
Aljifri, K., Annual Report Disclosure in a Developing Country: The Case of the UAE, 24 Advances in Accounting, no. 1 (2008).
Al-Muhairi, B.S.B.A., The Development of the UAE Legal System and Unification with the Judicial System, 11 Arab Law Quarterly (1996).
Cain, M. and K. Kulcsar (eds.), Disputes and the Law (Budapest: Akadémiai Kiadó, 1983).
Calvez, F., Length of Court Proceedings in the Member States of the Council of Europe based on the Case Law of the European Court of Human Rights (Strasbourg: European Commission for the Efficiency of Justice, 2006).
Cappelletti, M., Procédure Orale et Procédure Ècrite. Oral and Written Procedure in Civil Litigation (Dobbs Ferry New York: Giuffre, 1971).
Cappelletti, M. (ed.), Access to Justice and the Welfare State (Florence: Alphen aan den Rijn Giuffrè: Sijthoff and Noordhoff, 1981).
Cappelletti, M. and B. Garth (eds.), Access to Justice (Milan: Giuffrè Editore/Alphen aan den Rijn, Sijthoff/Noordhoff, 1978).
Carballo, A., The Law of the Dubai International Financial Centre: Common Law Oasis or Mirage Within the UAE?, 21 Arab Law Quarterly (2007).
Chan, J. and L. Barnes, The Price of Justice? Lengthy Criminal Trials in Australia (Sydney: Hawkins Press, 1995).
Church, T. et al., Justice Delayed – The Pace of Litigation in Urban Trial Courts (Virginia: National Center for State Courts, 1978).
Committee of Ministers, Resolution Concerning the Judgments of the Court of the European Court of Human Rights of 19 February 1991 and 10 February 1993 in the Case of Zanghi against Italy, Res DH(95) 82 (Council of Europe, Meeting of the Ministers’ Deputies, 6–7 June 1995)
Jennings, R.C., Kadi, Court, and Legal Procedure in 17th C. Ottoman Kayseri: The Kadi and the Legal System, 48 Studia Islamica (1978).
Khalid Rashid, S., Pecularities and Religious Underlining of ADR in Islamic Law, paper given at Asia Pacific Mediation Forum (Kuala Lumpur, 16–18 June 2008)
Klick, J., The Perils of Empirical Work on Institutions, 166 Journal of Institutional and Theoretical Economics (2010).
Kobeissi, N., Impact of Governance, Legal System and Economic Freedom on Foreign Investment in the MENA Region, 8 Journal of Comparative International Management, no. 1 (2005).
Lee, Y.S., Call for a New Analytical Model for Law and Development, 88 Law and Development Review, no. 1 (2015).
Liebesny, H.J., Comparative Legal History: Its Role in the Analysis of Islamic and Modern Near Eastern Legal Institutions, 20 American Journal of Comparative Law, no. 1 Winter (1972).
Luskin, R.C., Case Processing Times in Three Courts, 9 Law and Policy (1987).
Marfording, A. and A. Eyland, Civil Litigation in New South Wales: Empirical and Analytical Comparisons with Germany (Research Paper no. 2010-28, University of New South Wales, 2010)
Martin, W., Timeliness in the Justice System: Because Delay is a Kind of Denial, paper no. 16 given at the Australian Centre for Justice Innovation, Monash University conference on Timeliness in the Justice System: Ideas and Innovations (Melbourne, 2014), available at:<http://www.civiljustice.info/timeliness/16>
Merryman, J.H., Comparative Law and Social Change: On the Origins, Style, Decline and Revival of the Law and Development Movement, 25 American Journal of Comparative Law (1977).
Messick, R.E., Judicial Reform and Economic Development: A Survey of the Issues, 14 World Bank Research Observer (1999).
Miller, R.A., Apostates and Bandits: Religious and Secular Interaction in the Administration of Late Ottoman Criminal Law, 97 Studia Islamica (2003).
Sutton, F. and H. Barwick, Analysing Trends in Jury Trial Length: A Scoping Study (New Zealand: Department for Courts, 2000).
Thomas, R.W., B.T. Robson and R.D. Nutter, County Court Workloads: A Location-Allocation Analysis (Working Paper no. 7, University of Manchester: Centre for Urban Policy Studies, School of Geography, 1979).
Trubek, D.M., Max Weber on Law and the Rise of Capitalism, Wisconsin Law Review (1972).
Trubek, M. and M. Galanter, Scholars in Self-Estrangement: Some Reflections on the Crisis in Law and Development Studies in the United States, Wisconsin Law Review (1974).
Tutton, J., Litigation in the South Australian Fast Track Streams (LLB/LP (Hons) Dissertation, Flinders University, 2016).
Twining, W. (ed.), Human Rights, Southern Voices (Cambridge: Cambridge University Press, 2009).
The Law and Development Review (LDR) – in cooperation with the Law and Development Institute – puts its primary focus on the development aspects of international and domestic legal orders. It helps exchange views globally on this important subject, particularly on the gap between the developed and developing worlds. The LDR seeks top-quality articles on law and development issues broadly.