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      Dr Sara Hourani

      LLB, LLM, PhD, FHEA
      ROLE: Senior Lecturer in Law
      SCHOOL: Law
      DEPARTMENT: Law
      TELEPHONE: +44 (0)20 8411 5969
      EMAIL: S.Hourani@mdx.ac.uk
      1. Biography &
        Qualifications
      2. Learning &
        Teaching Interests
      3. Research Outputs &
        Interests
      4. Funded Research &
        Knowledge Exchange Projects
      5. Engagement &
        Impact

      • Biography &
        Qualifications

        Dr Sara Hourani is a Senior Lecturer in Law at Middlesex University London. She also holds a Visiting Lectureship at the School of Law, Aix-Marseille University (France). Sara teaches International Commercial Arbitration and Litigation, and Commercial Law.

        Her research focuses on the interface between international commercial arbitration and new technologies, which spans digital dispute resolution and ODR.

        Sara has a particular interest in blockchain and smart contract arbitration and dispute resolution. Her work on the topic includes an analysis of the new emerging procedural designs brought about by decentralisation and automation, and the implications of these on access to justice and due process amongst other issues. She has presented this work at numerous conferences and seminars organised by institutions such as the UNCITRAL, the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the American Bar Association (ABA), the British Blockchain Association (BBA) and the National Center for Technology and Dispute Resolution (NCTDR). Sara has also published this work in various forms, including a co-edited book titled ‘Access to Justice in Arbitration: Concept, Context and Practice’ published by Wolters Kluwer in 2020. She has received two awards for this work; one by the ICC YAF for the 2019 innovative paper idea on smart contract arbitration, and another by the BBA for best abstract and presentation at the ISC 2022.

        Sara has provided consultancies on the topic of technology and arbitration and/or dispute resolution to various organisations including the UNCITRAL, Lawtech UK, the UK Jurisdiction Taskforce, the UK Ministry of Justice and the UK Law Commission. Her research has had impact on policy and society as her work was for example cited in the Law Commission’s report on Smart Legal Contracts, she was interviewed and cited in an article by the Resolver (CIARB Magazine), and she was also recently involved in the Ministry of Justice’s policy project on the increase of mediation in civil proceedings. Sara sits as a MENA sub-committee member of the Greener Arbitrations Campaign (https://www.greenerarbitrations.com/), where her work consists of working on an analysis of the digitalisation of international arbitration.  

        Sara received an LLB degree from Grenoble II University (France), an LLM in International Trade Law and a PhD in Law from the University of Essex (UK). She was granted the prestigious UK Arts and Humanities Research Council (AHRC) PhD scholarship to pursue her doctoral studies and has been the recipient of different grants and awards to carry out her research since. Sara was notably a John W Kluge Scholar at the Library of Congress in Washington DC which was funded by the AHRC to carry out research in international commercial law. Before joining Middlesex, Sara previously held a Lectureship in Law at the Law Department and CIPPM at Bournemouth University, and also taught at the University of Essex and the University of East Anglia.

        Qualifications:

        LLB, LLM, PhD, PGCert


        Languages Spoken

        Arabic, English, French and Romanian.

      • Learning &
        Teaching Interests

        LAW2915 English and International Commercial Law

        LEX4706 English Commercial Law

        LEX4720 International Commercial Litigation and Arbitration

        Advanced Mooting-Willem C Vis International Commercial Arbitration

      • Research Outputs &
        Interests

        Books:

        • Valladares L and Hourani S (eds), “Access to Justice in Arbitration: Concept, Context and Practice,” International Arbitration Law Library, Wolters Kluwer (November 2020).

         

        Book Chapters:

        • Hourani S, “The Resolution of B2B Disputes in Blockchain-Based Arbitration: A Solution for Improving the Parties’ Right of Access to Justice in the Digital Age? in Valladares L and Hourani S (eds), Access to Justice in Arbitration: Concept, Context and Practice, International Arbitration Law Library, Wolters Kluwer (November 2020).
        • Hourani S, “Towards a Fairer Trading System for Micro and Small Businesses Post-Brexit? Comparative Aspects with Other Common Law Systems,” in Maren Heidemann and Joseph Lee (eds), The Future of the Commercial Contract in Scholarship and Law Reform: European and Comparative Perspectives, Springer, 2019, DOI: https://doi.org/10.1007/978-3-319-95969-6_12.
        • Hourani S, “Le dilemme du financement par un tiers dans l'arbitrage d'investissement," Le nouveau droit de l’investissement en Tunisie: regards croises sur l’europe et l’afrique, Centre de Publication Universitaire, Tunis, 2018.
        • Farah Y and Hourani S, “Frustrated at the Interface between Court Litigation and Arbitration? Don’t Blame it on Brussels I! Finding Reason in the Decision of West Tankers, and the Recast Brussels I” in Stone P. and Farah Y. (eds), A Research Handbook on EU Private International Law, Edward Elgar Publishing, 2015, DOI: https://doi.org/10.4337/9781781954553.

         

        Journal Articles:

        • Masumy N and Hourani S, ‘The Implementation of Sustainable Development as a Requirement by ICSID Tribunals: A Proposal for a Sustainability Standard,’ Romanian Arbitration Journal, Year 16, Volume 58, Issue No. 1/2022 (January-March 2022).
        • Hourani, S. (2022). Mind the Gap? A Critical Analysis of the Recognition and Enforcement of Cross-Border Consumer ODR Outcomes in the EU,’ Revista Ítalo-Española de Derecho Procesal, Vol. 1 | 2022 Small claims, pp. 73-95, Madrid, 2022, DOI: 10.37417/rivitsproc/681.
        • Farah Y. and Hourani S, “Recasting West Tankers in the Deep Water? Why Gazprom Cannot Withstand the Scrutiny of Recast Brussels I”, JPIL, Vol 14:1, pp 96-129, 2018, doi.org/10.1080/17441048.2018.1437333.

         

        Other Articles:

        • Masumy N. and Hourani S, “The Launch of the Campaign for Greener Arbitrations MENA Sub-Committee: Moving Towards More Sustainable Practices in the Region,” The MENA Business Law Review (LexisNexis, 2021: Third Quarter).
        • Hourani S and Valladares L, “Keeping Up with Access to Justice in Arbitration? A Critical Analysis,” arbitrate.com, July 2020. https://www.mediate.com//articles/a2jandarb.cfm
        •  Hourani S, “Access to Justice and Blockchain-based Arbitration: New Platforms Could Be a Useful Tool for Resolving Commercial Disputes,” American Bar Association Dispute Resolution Magazine, Volume 26 Issue 2 (May 2020).
        • Hourani S, “The Legal Reality of the Recognition and Enforcement of Cross-Border Blockchain-based Arbitral Awards: Beyond Futuristic Idealism?,” (Off the Chain blog post, 05/2019).
        • Hourani S, “Cross-Border Smart Contracts: Boosting International Digital Trade through Trust and Adequate Remedies,” (UNCITRAL special volume ‘Modernizing International Trade Law to Support Innovation and Sustainable Development,’ 2017).
        • Hourani S, “Online Dispute Resolution pour les litiges B2B: prêt pour le monde des affaires?” Newsletter N°14 de la Chambre Arbitrale Internationale de Paris, July 2017.

         

        Conference Papers and Seminar Presentations:

        • The Automated Enforcement of Blockchain-based Dispute Resolution Outcomes: Is Code Really Law?, Lawtomation 2022 Conference, IE School of Law, Madrid, Spain, September 2022.
        • Automation in Blockchain-based O-Arbitration: The Emergence of Novel Concepts of Justice and Procedural Fairness, ODR2022 International ODR Forum, UCD, Dublin, Ireland, May 2022.
        • Automation in Blockchain Arbitration: New Standards of Fairness Governed by the Lex Cryptographia?, SLSA Conference 2022, University of York, York, April 2022.
        • Invited speaker on the Fireside chat titled “Blockchain technology and arbitration,” the 6th CARTAL Conference on International Arbitration (online), April 2022.
        • Keynote speech for the launch of the Middlesex University Mauritius Campus Arbitration Certificate, March 2022.
        • Invited discussant to the California International Arbitration Week - LCIA “Tylney-on-Zoom” session, 15th March 2022.
        • Blockchain Arbitration: A Forum for Improving Access to Justice?”, ISC2022, 14th March 2022.
        •   Automation in Blockchain Arbitration: A Comparison of Different Architectural Designs, Digital Legal Talks, December 2021.
        • The Digitalisation of the EU Small Claims Procedure: A Step Towards Improved Access to Justice?, New Technologies in Courts: Advantages and Limits Conference, October 2021.
        • Automation in Smart Contract Arbitration: Moving Towards New Conceptions of Procedural Fairness?, 6th annual LCF conference, October 2021.
        • The Automation of Dispute Resolution through Blockchain Technology: A Critical Assessment of Procedural Designs for the Digital Age, 2021 Geneva Digital Law Research Colloquium, June 2021.
        • Mind the Gap? A Critical Observation of the Enforcement of Consumer ODR Outcomes in the EU, SCAN Final Conference: Small Claims Analysis Net, January 2021.
        • Preserving Independence and Impartiality in AI-Based Online Dispute Resolution, ILPC Annual Lecture and Conference 2020, AI and the Rule of Law: Regulation and Ethics, October 2020.
        • Going Paperless: A Critical Evaluation of the Recognition and Enforcement of International E-Arbitration Agreements, The Future of the Commercial Contract in Scholarship and Law Reform: Fifth Annual Conference, October 2020.
        • Arbitration Talk, School of Law, Middlesex University Mauritius, July 2020.
        • Enabling Better Access to Justice for Commercial Disputes through Blockchain Arbitration?” CCCL seminar, University of Exeter, June 2020.
        • Access to Justice and Blockchain-based Arbitration: New Platforms Could Be a Useful Tool for Resolving Commercial Disputes,” American Bar Association Virtual Conference, May 2020.
        • Blockchain-based Arbitration: an adequate Forum for the Resolution of international Commercial Disputes?” The Blockchain Technology Conference 2019, Berlin, November 2019.
        • Access to Justice in B2B Blockchain-Based ODR: Reinforcement of the Parties’ Rights in the Era of Automation?,” ODR Forum 2019, Williamsburg VA, USA, October 2019.
        • Blockchain Arbitration: An Adequate Forum for the Resolution of Disputes Ensuing on Blockchain-based Supply Chains?” The Future of the Commercial Contract in Scholarship and Law Reform: Fourth Annual Conference, IALS, London October 2019.
        • The Recognition and Enforcement of Foreign B2B Blockchain-Based Arbitral Awards by National Courts: Hype or Reality?” JPIL Conference 2019, Munich, Germany, September 2019.
        • The Resolution of B2B Disputes in Blockchain-Based Arbitration: A Solution for Improving the Parties Right of Access to Justice in the Digital Age?” Access to Justice and Arbitration Colloquium, Royal Holloway University of London, London, June 2019.
        • The Curious Case of the Recognition and Enforcement of Smart Contract Arbitral Awards by National Courts: Idealism or Business Reality?” Annual ICC YAF-YAAP Conference, Vienna, Austria, April 2019.
        • The recognition and enforcement of blockchain-based ODR outcomes by national courts: futuristic idealism or reality?” ODR Forum 2018, University of Auckland, Auckland, New Zealand, November 2018.
        • The Recognition of Smart Contract Arbitral Agreements: New Commercial Frontiers in the Digital Age, The Future of the Commercial Contract in Scholarship and Law Reform: Third Annual Conference, IALS, London October 2018.
        • Blockchain, Smart Contracts and Arbitration: Challenges in the Era of Automation? I T.A.K.E. Unconference, Radisson Blu Hotel, Bucharest, Romania, June 2018.
        • The Recognition and Enforcement of Smart Contract Arbitral Awards under the New York Convention, The XIII International Practical School of Young Legal Scholars: Law in the Era of Digitalization: Dynamic, Trends, Problems and Prospects, The Institute of Legislation and Comparative Law and the Government of Russia, Moscow, Russia, June 2018.
        • The Recognition and Enforcement of Cross-border Online Arbitral Awards: Challenges in the Era of Automation, 60 Years of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Loyola University Andalusia, Seville, Spain, April 2018.
        • Readiness to radical change for organisational sustainability in the post-Brexit era, ESRC Festival of Social Science, Bournemouth University, Bournemouth, November 2017.
        • Boosting the Legitimacy of Arbitral Institutions though a Duty of Disclosure of the Existence of Third Party Funding in Investment Arbitration. Conference on the Legitimacy of Unseen Actors in International Adjudication, Schouwburgstraat 2, The Hague, October 2017.
        • The Curious Case of the Interpretation of Investment Contracts: A Purely Private Law Dimension? The Future of the Commercial Contract in Scholarship and Law Reform - The interface between public international law and substantive contract law, IALS, London, October 2017.
        • A Critical Analysis of the Enforcement of ODR Outcomes across the EU: Moving towards the Reinforcement of Consumer Redress?, JPIL Conference, Rio de Janeiro, August 2017.
        • Cross-Border Smart Contracts: Boosting International Digital Trade through Trust and Adequate Remedies, UNCITRAL Congress on ‘Modernizing International Trade Law to Support Innovation and Sustainable Development,’ Vienna, Austria, July, 2017.
        • An Automated Enforcement of ODR Outcomes: A Solution for Boosting Consumers’ Rights for the Proposed UK ‘Online Court’?, CIPPM Workshop on Trading with the Consumer in the Digital Age: Legal Developments, Current Challenges and the Road Ahead, Bournemouth University, Bournemouth, June 2017.
        • Le dilemme du financement par un tiers dans l'arbitrage d'investissement," Colloque international prévention et règlement des différends dans les pays de la zone Mena (Afrique du Nord & Moyen Orient), Sousse, Tunisia, April 2017.
        • The 2016 UNCITRAL Technical Notes on ODR and the E-Consumer: A Critical Analysis of the Independence and Impartiality of Algorithmically Driven Arbitration, ASIL-Yale Centre for Private Law Junior Scholars Workshop on International Dispute Resolution, Yale University, USA, 28 October 2016.
        • Maintaining the Integrity of the Procedure: Legal Implications for Artificial-Intelligence-Based ODR and Arbitration, invited to present by the Turkish Ministry of Justice at the International Istanbul Law Congress on Enhancing Judicial Cooperation, Facilitating Functioning of the Judiciary and Alternative Dispute Resolution, Çırağan Palace Kempinski, Istanbul, Turkey, 17-19 October 2016.
        • Towards a Fairer Trading System for Micro-Businesses and SMEs Post-Brexit? Comparative Aspects with Other Common Law Systems, IALS Workshop on the Future of the Commercial Contract in Scholarship and Law Reform – European and Comparative Perspectives, IALS, London, 22 September 2016.
        • Free trade Agreements and Healthcare: Examining the Impact of the Transatlantic Trade and Investment Partnership (TTIP) and the ISDS Mechanism on the Right to Health in the UK, 2016 Law and Society Association Annual Meeting, New Orleans, USA, 2-5 June 2016.
        • Towards a Fair Digital Single Market: The Unsettling Case of Consumer's Rights in the EU, European Union in International Affairs’ (EUIA) Conference, Vrije Universiteit Brussels, 12-13 May 2016.
        • The Rapid Globalisation in the Digital Era: Building a Consumer-Centric Model, invited speaker with co-author Dr A. Karanasiou at the Electronic Frontiers Foundation Meeting on Catalysing Reform of Trade Negotiation Processes, Open Society offices, 27-28 January 2016.
        • Recasting West Tankers in the Deep Water? Why Gazprom Cannot Withstand the Scrutiny of Recast Brussels I, 10th Anniversary of the JPIL Conference, University of Cambridge, 3-5 September 2015.
        • Comparative Law Seminar on Good Faith in Domestic and International Sales Contracts, Guest lecture for International Trade Law, Bournemouth University, 21 April 2015.
        • Unpacking the Concept of Good Faith in Islamic Commercial Contracts: Analytical Comparisons with the Concept in English Contract Law, YCC Conference by the American Society of Comparative Law, Florida State University, Tallahassee, 17 April 2015.
        • Understanding the Differences: A Comparative Study of the Perception of the Principle of Good Faith in English Contract Law and in Islamic Contract Law, British Association of Comparative Law (BACL) Postgraduate Workshop on Comparative Law, Essex Centre for Comparative and European Law (EXCCEL), School of Law, University of Essex, 29 April 2013.
        • The Principle of Good Faith in the Shari’a as a Background to the Principle of Good Faith in Jordanian Contract Law, Law School’s Speakers Series, School of Law, University of Essex, 22 November 2011.
        • The Principle of Good Faith in Islamic Sales Contracts Law, Library of Congress, Washington DC, 23 August 2011.

        Publication Feed

        The legal reality of the recognition and enforcement of cross-border blockchain-based arbitral awards: beyond futuristic idealism [Blog post]

        Hourani, Sara (2019) The legal reality of the recognition and enforcement of cross-border blockchain-based arbitral awards: beyond futuristic idealism [Blog post]. Off the Chain blog.

        Towards a fairer trading system for micro and small businesses post-Brexit? Comparative aspects with other common law systems

        Hourani, Sara (2018) Towards a fairer trading system for micro and small businesses post-Brexit? Comparative aspects with other common law systems. In: The Future of the Commercial Contract in Scholarship and Law Reform: European and Comparative Perspectives. Heidemann, Maren and Lee, Joseph , eds. Springer, pp. 309-339. ISBN 9783319959689

        Recasting West Tankers in the deep water: how Gazprom and recast Brussels I reconcile Brussels I with international arbitration

        Farah, Youseph and Hourani, Sara (2018) Recasting West Tankers in the deep water: how Gazprom and recast Brussels I reconcile Brussels I with international arbitration. Journal of Private International Law , 14 (1). pp. 96-129. ISSN 1744-1048

        Cross-border smart contracts: boosting international digital trade through trust and adequate remedies

        Hourani, Sara (2017) Cross-border smart contracts: boosting international digital trade through trust and adequate remedies. In: UNCITRAL Congress on ‘Modernizing International Trade Law to Support Innovation and Sustainable Development, 04-07 July 2017, Vienna.

        Online Dispute Resolution pour les litiges B2B : prêt pour le monde des affaires

        Hourani, Sara (2017) Online Dispute Resolution pour les litiges B2B : prêt pour le monde des affaires. Newsletter N°14 de la Chambre Arbitrale Internationale de Paris.

        View more publications

      • Funded Research &
        Knowledge Exchange Projects

         
        • First place winner of the award for best abstract/presentation at the ISC 2022 organised by the British Blockchain Association 04/2022.
        • The Blockchain Technology Conference 2019 funding for travel 11/2019.
        • ICC YAF award for innovative paper idea on smart contract arbitration 04/2019.
        • Middlesex Dissemination Grant for organising conference on Access to Justice in Arbitration 01/2019.
        • I TAKE Unconference Funding for travel (sponsors included: Orange and Deutch Bank) 06/2018.
        • ESRC funding for travel 11/2017.
        • Tunisian Chamber of Arbitration funding for accommodation and subsistence 04/2017.
        • CIPPM Funding for Organising Workshop on Consumer Law and Digital Trade 01/2017.
        • Electronic Frontiers Foundation funding for travel, accommodation and subsistence 01/2016.
        • School of Law, University of Essex Funding for Willem C Vis Arbitration Moot Coaching and Travel Grant 09/2011-04/2012.
        • AHRC Library of Congress Grant 07/2011-09/2011.
        • AHRC Grant for Research in Jordan 08/2010-09/2010.
        • AHRC Doctoral Studentship 2009-2012.
        • University of Essex Postgraduate European Student Scholarship 09/2008-09/2009.

      • Engagement &
        Impact

        Consultancy activity:

        • Invitation to attend in-person meeting by the UK Ministry of Justice for the policy project on increasing mediation in civil justice proceedings 09/2022.
        • Invitation to attend in-person (online) meeting by the UK Ministry of Justice for the policy project on dispute resolution in England and Wales 10/2021.
        • Expert Contribution/interview to the Resolver (CIARB Magazine) 05/2021.       
        • Appointed member of the Greener Arbitrations Pledge MENA sub-committee (which won the GAR Awards 2020 – best development). 04/2021-present.
        • Associate Editor for the Indian Review of International Arbitration 11/2020-present.
        • Expert contribution to Software & Support Media GmbH on blockchain arbitration in supply chain management 11/2019.
        • Expert contribution on arbitration based on blockchain and smart contracts to Mozaic Works (SME based in Bucharest, Romania) 06/2018.
        • Expert contribution to the UNCITRAL on Blockchain Technology and Smart Contracts 05/2018.
        • Expert contribution to the Tunisian Chamber of Arbitration 04/2017-04/2018.
        • Expert contribution to the Electronic Frontiers Foundation (EFF) white paper on the internet and trade agreements 01/2015.
        • Legal consultancies on sales of goods to international companies (Belgium-French contract law) and local SMESs (Dorset, UK-English contract law) 07/2015-10/2015.
        • Research Assistant, Business and Human Rights Project, University of Essex 10/2012 – 06/2013.
        • Legal Consultant, Al Sanad for Legal Advocacy, Amman, Jordan 07/2012–08/2012.
        • Legal Intern at Abassi for Law, Al Sanad for Legal Advocacy and the Jordanian Counselor Attorney at Law in Amman, Jordan and Elia Istratescu Law Firm, Bucharest, Romania 07/2007-08/2008.

         

        Reports and Contributions to Policy Making:

        • Submitted evidence to the Ministry of Justice (in-person and in written) on increasing the use of mediation in the civil justice system policy project- 09/2022.
        • My work was cited in the published Law Commission Report on Smart Legal Contracts-11/2021.
        • Submitted evidence to the Ministry of Justice (in-person and in written) on the Dispute Resolution in England and Wales policy project- 10/2021.
        • Submitted evidence (with Farrer & Co LLP) to the UK Law Commission on Smart Legal Contracts 03/2021.
        • Submitted evidence (with Farrer & Co LLP) on the Digital Dispute Resolution Rules of The UK Jurisdiction Taskforce (UKJT) of Lawtech UK 03/2021.
        • Submitted evidence to the Silicon Valley Arbitration and Mediation Center working group on blockchain arbitration 09/2020.
        • “An Overview of Blockchain and Smart Contract Technology,” (Report submitted to the UNCITRAL).
        • The Brussels Declaration on Trade and the Internet, Published by the Electronic Frontiers Foundations, 22 February 2016, https://www.eff.org/files/2016/02/22/brussels_declaration.pdf
        • Corporate Liability in a New Setting: Shell and the Changing Legal Landscape for the Multinational Oil Industry in the Niger Delta, Published by Essex Business and Human Rights Project, 10 December 2012, https://www.essex.ac.uk/ebhr/documents/niger-delta-report.pdf (media coverage includes Amnesty International, Al Jazeera (Opinion piece) and Kae-Kazim.

         

        Membership of Professional Bodies and Learned Societies:

        • Young Romanian Arbitration Practitioners (YRAP)
        • Young ITA Member   
        • Fellow of the UK Higher Education Academy
        • Young Arbitrators Forum (YAF) of the ICC   
        • Young International Arbitration Group (YIAG)
        • Kluge Center, US Library of Congress alumnus scholar

         

        Other External roles:

        • Guest Lecture on Jurisdictional and Procedural Issues on the Investment Treaty Arbitration Certification Course, MNLU (Mumbai), 10/2021.
        • Guest Lecture on Blockchain Arbitration for Supply Chain Disputes, University of Greenwich, London 01/2020. 
        • Visiting Lecturer in the Willem C Vis Arbitration Moot Module at University of East Anglia. 09/2019-01/2020. 
        • Guest Lecture on The Recognition and Enforcement of Digital Blockchain-Based Arbitral Awards, University of Exeter, 03/2019.  
        • Visiting Lecturer in EU Company Law at Aix-Marseille University (France). 03/2019-present.
        • ESRC Festival for Social Sciences presentation, Bournemouth University 11/2017.
        • Guest Lecture on International Arbitration at BPP Law School, London Waterloo Branch, London, UK 28/03/2017.
        • Presentation on ‘Online Dispute Resolution: More Efficient Ways for Resolving Customer Disputes’ at the Festival of Enterprise, 'Business Consultancy Pop-up Shop', Bournemouth University. 17/11/2016.
        • Guest Lecture in International Commercial Arbitration at Research Turkey: Centre for Policy and Research on Turkey, London, UK. 19/08/2015-20/08/2015.
        • Volunteer Arbitrator, Willem C.Vis International Commercial Arbitration Moot, Vienna, Austria. 03/2010-present.

         

         

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