European Parliament Library

Islamic Law and International Commercial Arbitration

Abstract
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
Introduction -- The theoretical and practical framework for shariʻa arbitration -- Conflict of laws and shariʻa as choice of law -- Composition of the arbitral tribunal -- Evidence and procedure in shariʻa arbitration -- The impact of gharar and riba on arbitrability and arbitration agreements -- Interest on arbitral awards and the prohibition against riba -- Shariʻa public policy and the recognition and enforcement of arbitral awards -- Reform proposals, further research and conclusion
Language
eng
Literary Form
non fiction
Note
Description based upon print version of record
Physical Description
1 online resource (303 pages)
Specific Material Designation
remote
Form Of Item
online
Isbn
9780042988825

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