This book examines the intersection between contemporary International Commercial Arbitration andĀ ShariŹæaĀ law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules underĀ ShariŹæa, 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) underĀ ShariŹæaĀ and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition againstĀ ribaĀ in light of international conventions, such as theĀ United Nations Convention on Contracts for the International Sale of Goods.Ā 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 āShariāa Standardsā 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 forĀ ShariŹæaĀ Arbitration
Chapter 3: Conflict of Laws and ShariŹæa as Choice of Law
Chapter 4: Composition of the Arbitral Tribunal
Chapter 5: Evidence and Procedure inĀ ShariŹæaĀ Arbitration
Chapter 6: The Impact ofĀ GhararĀ andĀ RibaĀ on Arbitrability and Arbitration Agreements
Chapter 7: Interest on Arbitral Awards and the Prohibition againstĀ Riba
Chapter 8:Ā ShariŹæaĀ Public Policy and the Recognition and Enforcement of Arbitral Awards
Chapter 9: Reform Proposals, Further Research and Conclusion
