The paper aims to determine the situations when the air carrier is liable for the transmission of COVID-19 in the course of air transport. It must be emphasized here that the carrier's liability results from bodily injury or death that are caused by an accident on board an aircraft or during the operations of embarking or disembarking. Accordingly, in this paper, we addressed if the transmission of COVID-19 an 'accident' within the Conventions' meaning and the period of air carrier's liability for passengers' contraction of COVID-19, taking into consideration the exoneration of air carrier's liability in COVID-19 cases. In addition, this paper will study the scope of the safety measures as required by ICAO to prevent the spread of COVID-19 and therefore protect the passengers' safety. In our opinion, we found that the estimate is left to the judge because the assessment of this matter is based on an objective criterion based on the reasonable person test and the fact of each case.

Baris was employed by the Oman Aluminium Factory LLC. The agreed working hours in the employment contract were 40 hours per week; whereas the statutory maximum working hours under the Omani Labour Law is 45 hours per week. Baris performed extra 10 hours as overtime work. The employer calculated the overtime hours based on the statutory maximum working hours and therefore deducting 5 hours from the extra hours Baris has performed. Is the employer entitled to do so?Moreover, Baris worked 50 hours a week during a period of 48 weeks. He claimed payment for overtime premium for the entire 48 weeks. However, the employer offered him payment for a period of 20 weeks only. The employer claimed that Baris has obtained a written approval for the extra hours for a period of 20 weeks not 48 weeks, notwithstanding of the fact that Baris has worked the extra hours during the whole 48 weeks. This issue raises the question of under what conditions the overtime work is allowed according to the Omani...

Aim/Purpose: This study, drawing on and extending research on the adoption of information technologies (IT), develops a research model to investigate: (1) the key relative factors that affect the adoption of e-learning versus using IT in traditional classrooms; and (2) students’ relative attitudes and relative intentions to use e-learning systems. Background: Since the advent of the COVID-19 pandemic, higher education institutions (HEIs) have rapidly adopted e-learning and students are now engaging with e-learning systems. These systems present a new research opportunity for examining the relative efficacy of using e-learning systems versus using IT in traditional classrooms. Although prior research has examined various types of e-learning systems in different contexts and using various methodological approaches, evidence in the literature indicates that the relative efficacy of e-learning remains uncertain as little is known about the factors that affect the adoption and use of e-l...

This paper analyses the legal basis for the carrier's liability in the cases of cancellation of flights or denied boarding. The important question is whether cancellation cases are treated as forms of delay and therefore, the provisions of the carriage by air conventions (1) which limit the carrier's liability and base it on a presumed-fault is to be applied. On the other hand, there is a strong argument that cancelation and prolonged delay amount to a breach of the carriage contract by non-performance and therefore, the claim falls outside the scope of the carriage by air Conventions. (2) The important issue is which one of these views reflects the objectives of the Conventions and which view was adopted by the UAE courts.  Assistant Professor-College of Law-Private Law (1) In this paper, the term 'Conventions' will be used to refer to both the Warsaw Convention 1929 and the Montreal Convention 1999 together. (2) See, e.g. In Re Nigeria Charter Flights Contract Litigation 520 F.Supp.2d 447, 452 (E.D.N.Y. 2007) the court decided that: '"The plain language of Article 19 of the Montreal Convention indicates that it governs claims for delay, not nonperformance. Moreover, as the Seventh Circuit explained, the drafting history of the Warsaw Convention's Article 19-whose pertinent language is identical to its Montreal Convention counterpart-indicates that it was not intended to cover claims for nonperformance.' (3)

The paper aims to determine the situations when the air carrier is liable for the transmission of COVID-19 in the course of air transport. It must be emphasized here that the carrier's liability results from bodily injury or death that are caused by an accident on board an aircraft or during the operations of embarking or disembarking. Accordingly, in this paper, we addressed if the transmission of COVID-19 an 'accident' within the Conventions' meaning and the period of air carrier's liability for passengers' contraction of COVID-19, taking into consideration the exoneration of air carrier's liability in COVID-19 cases. In addition, this paper will study the scope of the safety measures as required by ICAO to prevent the spread of COVID-19 and therefore protect the passengers' safety. In our opinion, we found that the estimate is left to the judge because the assessment of this matter is based on an objective criterion based on the reasonable person test and the fact of each case.

This paper analyses the legal basis for the carrier's liability in the cases of cancellation of flights or denied boarding. The important question is whether cancellation cases are treated as forms of delay and therefore, the provisions of the carriage by air conventions (1) which limit the carrier's liability and base it on a presumed-fault is to be applied. On the other hand, there is a strong argument that cancelation and prolonged delay amount to a breach of the carriage contract by non-performance and therefore, the claim falls outside the scope of the carriage by air Conventions. (2) The important issue is which one of these views reflects the objectives of the Conventions and which view was adopted by the UAE courts.  Assistant Professor-College of Law-Private Law (1) In this paper, the term 'Conventions' will be used to refer to both the Warsaw Convention 1929 and the Montreal Convention 1999 together. (2) See, e.g. In Re Nigeria Charter Flights Contract Litigation 520 F.Supp.2d 447, 452 (E.D.N.Y. 2007) the court decided that: '"The plain language of Article 19 of the Montreal Convention indicates that it governs claims for delay, not nonperformance. Moreover, as the Seventh Circuit explained, the drafting history of the Warsaw Convention's Article 19-whose pertinent language is identical to its Montreal Convention counterpart-indicates that it was not intended to cover claims for nonperformance.' (3)

No general Doctrine of Substitution (Holol) within Civil Code has been provided for by Jordanian Legislature, rather only some particular applications for such a doctrine were provided for explicitly sometimes, such as in Article 309 concerning the settlement of other’s debt, Article 926 concerning insurance or Articles 1355 and 1363 concerning the recourse by the holder of a mortgaged property against the debtor, or implicitly on other occasions, as with Article 980 concerning the recourse of the guarantor against the debtor. Further, Contractual Substitution is unknown under Jordanian Civil Law. The said approach by Jordanian Legislature is against the relevant approaches of most Arab Legislatures, particularly the Egyptian, whereby both forms of Substitution, Legal and Contractual, are known and dealt with in detail under the Egyptian Civil Law. Despite this fact, most of Jordanian jurists still insist to expand the applications of Substitution under Jordanian Civil Law to includ...

The United Arab of Emirates is not yet a member state of the Convention on International Sale of Goods (CISG). It is widely submitted that no competition exists between the Convention and the local Law, since the sphere of application for each is different. Moreover, a national Judge is not immune from applying the Convention, even with the fact that his or her country is not a contracting state. Similarly, the Convection may apply to citizens of a non-contracting state, the place of business, rather than nationality, is what matters here. UAE Civil Transactions Act does not recognize some legal doctrines such as: fundamental breach, anticipatory breach, mitigation, besides the effect of force majeure is different under the UAE Law from that under the Convention. Despite this fact, rules concerning of formation of contract, obligations of sellers and buyers, remedies, the general principles upon which the contract is based are all similar to those under the Convention. The study rec...

Objectives: This article aims at studying the rights and obligations of domestic workers under the Qatari Law No. 15/2017 Promulgating the Domestic Workers Law in comparison with the Domestic Workers Convention, 2011 (No. 189) issued by the International Labor Organization (ILO). It also aims at shedding light on the principle of equal treatment between domestic and regular workers, which is fully adopted by the International Convention.   Methods: This study follows a descriptive, analytical and comparative methodology. hence, the legal provisions were reviewed and analyzed, then compared at two levels: comparison between the provisions of the national law on the one hand and the International Convention on the other hand, and comparison between Qatari Law No. (15) relating to domestic workers and the Qatari Employment Law. Results:  The study reached some results, the most important of which is that Qatari law was and still excludes domestic workers from the ambit of the Employmen...

This article discusses the implication of Qatar blockade on goods and services contracts between merchants in Qatar and their countparts whether in the blockade countries or otherwise. This is being tackled under both the CISG 1980 and the UNIDROIT Principles 2016. According to the CISG 1980, Qatar blockade amounts to an impediment that makes performance of contractual obligations impossible, as all such relevant conditions provided for under article 79 of the CISG exist; namely: that the blockade is unreasonably expected at the time of contracting, out of control, unavoidable, and that the consequences thereof cannot be overcome. As for the legal consequence of considering Qatar blockade an impediment, article 79 of the CISG provides that the non-performing party will not be oliged to pay damages, albeit the contract itself remains in existence. Yet, either contract party may seek avoidance, provided that the conditions of such a remedy, most importantly fundamental breach, are met. Under the UNIDROIT Principles 2016, Qatar blockade satisfies the conditions of hardship provided for under article 6 of the Principles, rendering the contractual relationship to be therefore fundamentally imbalanced. Likewise, Qatar blockade satisfies the conditions of an event "being unexpected, out of control, prior to contracting and unassumed in previous dealings". The legal consequences of hardship under the Principles is the possibility of renegotiation of the contract, and if such renegotiation fails, either party may seek a court interferance to either restore the contract balance or terminate the contract. This study has resulted in a number of conclusions, the main important of which is that any future blockade on Qatar, having already taken place, cannot be considered as an impediment. Rather, parties to Qatar-related contracts need to start taking its possible re-occurrence into their consideration. Indeed, this fact will likely reduce clarity and certainty in legal dealings. Furthermore, the remedy provided for in article 79 of the CISG has been found to be irrational, considering its consequence in renduring a contract valid while the excuction thereof is in

Legal education worldwide is undergoing scrutiny for its failure to graduate students who have the problem-solving abilities, skills, and professional values necessary for the legal profession.1 Additionally, law schools at universities in the Middle East have found themselves in an unsettled environment, where greater demands for practical education are exacerbated by several factors such as high levels of youth unemployment. More specifically, in Jordan there is a pressing need for universities to respond to this criticism and to accommodate new or different methods of legal education. Clinical legal education is one such method. We use the term “clinical legal education” broadly to include law school programs that teach professional skills and values through

CISG applies to contracts for international sale of goods either directly (in Contracting States) or indirectly (when the rules of conflict-of-laws of a non-Contracting State lead to the application of the law of a Contracting State). This research basically tackles the possibility of applying CISG in Kuwait indirectly. After defining what does the indirect application of CISG exactly mean, the research shows how the national courts or arbitral tribunals may apply CISG whether as the law chosen by the parties or as the law otherwise applicable.
This research also deals with the applicability of CISG in Kuwait as expression of lex mercatoria whether by national courts or arbitral tribunals. It discusses both the international arbitration practice and the court practice of other jurisdiction of the indirect application of CISG. The research concludes with the recommendation for Kuwait to accede to CISG.

Distinguishing between the proceedings of the confinement on the nominal shares and bearer shares that is stated in the federal civil proceedings law number 11 of 1992 is useless. This is because of the issuance of the new federal commercial companies law number 2 of 2015 that includes nominative shares as the only shares to be confined according to the proceedings that are held for a particular confinement of the debtor's property with others (protective confinement). This kind of confinement supposes the existence of three parties: the first party is the distrainer creditor, the second party is the execution debtor shareholder, and the third party is the garnishee that is the company that exports the shares and the stock market where the shares are circulated. The nominative shares' confinement proceedings start by an announcement for the company that exports the shares and the stock market where the shares are circulated, then the confinement is announced for the execution debtor shareholder. In the confinement notification, the garnishee is asked for presenting a report of his debt of the debtor. If he does not do that, the garnishee shall be a subject for the legal penalty which imposes him to pay the debt. Signing the confinement leads the shares ad their attachments (the profits) to be under the control of a specific legal system according to which the confined shares and their profits' property stays for the shareholder. However, the shareholder has a constrained authority on the confined shares and the profits.