Islamic Law And International Commercial Arbitration

Download or read book Islamic Law and International Commercial Arbitration written by Maria Bhatti and published by Routledge. This book was released on 2018-09-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Arbitration with the Arab Countries written by ?Abd al-?am?d A?dab and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 1258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is intended to provide lawyers and businesses with an overview of the legal systems and processes in relation to arbitration in all the Arab jurisdictions in the Middle East and North Africa: Algeria, Bahrain, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, Saudi Arabia, Sudan, Syria, Tunisia, United Arab Emirates, Yemen, In addition, there will be a chapter on Muslim arbitration law (Shari'a), the Amman Arab Convention on Commercial Arbitration (1987) and the Riyad Arab Convention on Judicial Cooperation (1983). The new edition will be completely revised, updated, and expanded, providing commentary, an overview of case law, and translations of the relevant statutes. Each chapter will follow the same outline to ensure that they are as consistent and comparative as possible and will cover (but not be limited to) issues such as: the legal and judicial system, the agreement to arbitrate, the arbitrators, the proceedings, arbitral awards, the enforcement of the award, and the means of recourse.

Download or read book Arbitration and International Trade in the Arab Countries written by Nathalie Najjar and published by BRILL. This book was released on 2017-10-23 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.

Download or read book Shari’a Law in Commercial and Banking Arbitration written by Abdulrahman Yahya Baamir and published by Routledge. This book was released on 2016-04-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of how commercial and banking disputes can be settled under the Islamic regime for arbitration. The work focuses on the Saudi legal system as representative of Shari'a law in commercial and banking arbitration, and where relevant, makes comparisons with the settlement of banking disputes in Egypt and the UAE. Shari'a Law in Commercial and Banking Arbitration provides a general introduction to the Saudi law and to the main principles and sources of Islamic Shari'a, on which Saudi law is based. It explores uncertainties resulting from the current system, such as the payment of interest, and examines possible alternative remedies for both domestic and international banking arbitration. It will be key reading for anyone interested in business and commercial law.

Download or read book Practitioner's Guide to Arbitration in the Middle East and North Africa written by Essam Al Tamimi and published by Juris Publishing, Inc.. This book was released on 2009-09-01 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Practitioner's Guide to Arbitration in the Middle East and North Africa is the culmination of the real experience and expertise from those experts and authorities directly involved with arbitration in their respective countries. The book is the first of its kind to target the Mena region specifically and is essential for anyone working in the area of arbitration both in the Middle East and world-wide. The practice of arbitration of private disputes is not new to MENA countries. Arbitration has long been recognized as a legitimate and culturally accepted practice of dispute resolution, dating back to dispute resolution practices of the early Islamic period, and even the pre-Islamic era. International commercial arbitration, and its cultural and juridical acceptance, is a more recent and complex phenomenon nonetheless on the rise in MENA countries. It is now standard for arbitration clauses to be included in contracts governing international transactions and there is a growing consensus among MENA merchants engaged in international trade, along with their commercial counterparts in the rest of the world, that international arbitration is preferable to litigation in domestic courts for purposes of resolving private commercial disputes. While subject to some qualifications and restrictions in some instances, in many, if not most, MENA countries, arbitration clauses can be included in contracts with government entities engaging in commercial transactions. Additionally, conferences, seminars, and training programs in international arbitration are on the rise, and various international arbitration centres have been established. The advantages from the perspective of private parties are tremendous: Parties can elect which law will apply to disputes arising from their transactions, and they can remove themselves from the constraints and biases of parochial attitudes in national courts. There is also an increasing acceptance by national courts of international arbitration standards, such as the principle of Kompetenz-Kompetenz, recognising the right of arbitrators to decide their own jurisdiction and the separability of the arbitration clause. More frequently, courts are granting assistance and support to international arbitrations and are more receptive to enforcing foreign awards. This book is a comprehensive guide to arbitration in Algeria, Bahrain, Egypt, Iran, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Sudan, Syria, Tunisia, UAE, and Yemen. Written in question/answer format by leading practicioners and firms from the region, it elicits the most salient features of the legal framework for arbitration and international arbitration in each of the respective countries.

Download or read book International Commercial Arbitration in Saudi Arabia written by Ahmed Altawyan and published by . This book was released on 2018-10 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive analysis of the new Saudi Arbitration Law of 2012, presented by a scholar and practitioner equally educated and fluent in Islamic Sharia, Saudi law, as well as U.S. and international business and trade law.Readers will learn how Islamic Sharia has always included and indeed promoted mediation and arbitration as less confrontational ways of settling disputes. Against this background, it may be surprising that the Saudi judiciary has at times struggled with providing support services for arbitration procedures and enforcement of international awards. The 2012 Law was designed to change this and the book provides a careful comparison of its provisions with international arbitration law as embodied in the UNCITRAL Model Law, the ICC Rules, the LCIA Rules, IBA Rules on Taking of Evidence, and other rules and standards. Dr. Altawyan also explains the consequences of applying Saudi law, including Islamic Sharia as the foundation of Saudi law, to international commercial contracts and arbitration agreements. His conclusions show that Saudi Arabia has taken giant steps forward in its quest toward becoming a modern and investor friendly place for doing business, while also preserving its Islamic heritage and faith. In the same spirit, the author gives clear-eyed recommendations for further evolution of Saudi arbitration law and what international business partners and investors have to do to protect themselves against misunderstandings and surprises in the meantime.The book is completed by English versions of the Saudi Arbitration Law of 2012 and the Execution Law to the Arbitration Law of Saudi Arabia.Summary of ContentsIntroduction1. The Legal and Commercial Background of Arbitration in Saudi Arabia2. The Legal System of the Saudi Judiciary and its Potential Effects on Reinforcing and Enforcing Commercial Arbitration3. Arbitration in Saudi Arabia Under the New Arbitration Law in Comparison to International Arbitration Rules4. Arbitral Awards Between Saudi Law and International Rules5. Choice of Saudi Law as the Applicable Substantive Law and the Impact on International Commercial Arbitration Agreements6. The Development of Saudi Arbitration in Light of the Needs and Customs of the International Commercial and Business CommunityAnnexes

Download or read book Islamic Law written by Mashood A. Baderin and published by Oxford University Press, USA. This book was released on 2021 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.