1st Edition

Islamic Law and International Commercial Arbitration

By Maria Bhatti Copyright 2019
302 Pages
by Routledge

302 Pages
by Routledge

302 Pages
by Routledge

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... Read more

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

Biography

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.