The tribal dispute resolution mechanism in Yemen

• Main Authors: Bawazir, Omar Saleh Abdullah, Megat Latif, Hairuddin, Hussain, Mohammad Azam
• Format: Conference or Workshop Item
• Language: English
• Published: 2017
• Subjects: K Law (General)
• Online Access: http://repo.uum.edu.my/24548/1/SICONSEM%202017%2087%2089.pdf; http://repo.uum.edu.my/24548/
• Institution: Universiti Utara Malaysia

Purpose - This study was aimed to contribute to literature and has practical significance in the sense that it could assist the legislators to modernize the arbitration system in Yemen.Also, introduce the foreign investor of the tribal dispute resolution mechanism in Yemen (TADRM). The tribal dispute resolution mechanism in Yemen is primarily considered in this research.The tribes are considered as an important part of the Yemeni society.It is hard to separate the tribes from the society (McCune, 2012), since they play a significant role in the Yemeni society (Manea, 1996).The tribes do multiple tasks such as protecting their members, maintaining security, stabilizing thecommunities, negotiating with the state regarding various matters that are important to the tribes (Hanzawy, 2009), settling disputes among members of the communities 80% of disputes are settled by applying tribal customary laws (Al- Zwaini, 2006). The people prefer tribal customary laws in their daily transactions (Alkhatai, 2008). Tribal arbitrators utilizes tribal arbitral awards to settle disputes among members of the society (Al- Muwadda). According to Tribalism Index Scores 2009, Republic of Yemen is ranked number 7 out of 160 countries in the world, figure 1 is considered as the highest rate, while figure 160 is considered as the lowest (Jacobson, 2012). Yemen’s ranking at number 7 shows that tribalism is high the country and this factor may adversely affect the growth of the Yemeni national economy as well as the performance of government institutions. The Yemeni law allowed the disputing parties to settle their differences in civil cases through arbitration and settlements outside the formal justice system based on section 45 of Yemeni Arbitration (Act, 22) 1992 (YAA). Section 21 of the code of criminal procedure limited litigation in criminal cases to formal justice which the public prosecution only has jurisdiction.However, TADRM can be used for all type of disputes whether civil cases, commercial cases, criminal cases, or family matters (Gaston, 2014).