Arbitration / Mediation / Litigation Islamic Law

Islamic Law and International Commercial Arbitration

By Maria Bhatti
Routledge February 2020

Specifications

ISBN-13
9780367496982
Publisher
Routledge
Publication
February 2020
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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Details

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.

Table of Contents

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
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