Islamic Law and International Commercial Arbitration

Author: Maria Bhatti
Publisher: Routledge
ISBN: 9781138604254

Published In: October 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9780367496982

List Price: HKD 2,210.00

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Description
Contents

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This book examines the intersection between contemporary International Commercial Arbitration and Shari'a law in order to determine possible tensions that may arise between the two systems.

It develops evidentiary and procedural rules under Shari'a, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shari'a and its impact on arbitration agreements, arbitral awards and public policy.

The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the `Shari'a Standards' developed by the Accounting and Auditing Organization for Islamic Financial Institutions.

The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.

Chapter 1: Introduction Chapter 2: The Theoretical and Practical Framework for Shari'a Arbitration Chapter 3: Conflict of Laws and Shari'a as Choice of Law Chapter 4: Composition of the Arbitral Tribunal Chapter 5: Evidence and Procedure in Shari'a Arbitration Chapter 6: The Impact of Gharar and Riba on Arbitrability and Arbitration Agreements Chapter 7: Interest on Arbitral Awards and the Prohibition against Riba Chapter 8: Shari'a Public Policy and the Recognition and Enforcement of Arbitral Awards Chapter 9: Reform Proposals, Further Research and Conclusion