Islamic Law and International Commercial Arbitration: 1st Edition (e-Book) book cover

Islamic Law and International Commercial Arbitration

1st Edition

By Maria Bhatti

Routledge

290 pages

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pub: 2018-10-09
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Description

This book examines the intersection between contemporary International Commercial Arbitration and Shariʿa law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shariʿa, 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 Shariʿa 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 Shariʿa Arbitration

Chapter 3: Conflict of Laws and Shariʿa as Choice of Law

Chapter 4: Composition of the Arbitral Tribunal

Chapter 5: Evidence and Procedure in Shariʿa 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: Shariʿa Public Policy and the Recognition and Enforcement of Arbitral Awards

Chapter 9: Reform Proposals, Further Research and Conclusion

About the Author

Maria Bhatti is a lawyer and academic in Australia. She is currently teaching at University of Technology of Sydney Law School and was previously teaching at Monash Law School. She completed her PhD from Monash Law School, and her Bachelor of Laws and Masters of Law from the University of Melbourne.

About the Series

Islamic Law in Context

Islamic Law in Context
The Islamic Law in Context series addresses key contemporary issues and theoretical debates related to the Sharia and Islamic law. The series focuses on research in to the theory and practice of the law, and draws attention to the ways in which the law is operational within modern State practices. The volumes in this series are written for an international academic audience and are sensitive to the diversity of contexts in which Islamic law is taught and researched across various jurisdictions as well as to the ways it is perceived and applied within general international law.

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
BUS010000
BUSINESS & ECONOMICS / Business Law
BUS027000
BUSINESS & ECONOMICS / Finance
BUS112000
BUSINESS & ECONOMICS / Islamic Banking & Finance
LAW006000
LAW / Arbitration, Negotiation, Mediation
LAW009000
LAW / Business & Financial
LAW014010
LAW / Commercial / International Trade
LAW016000
LAW / Comparative
LAW051000
LAW / International
REL037020
RELIGION / Islam / Law