Embargoed and Restricted Access
Reason: Under embargo until June 2020. After this date a copy can be supplied under Section 51 (2) of the Australian Copyright Act 1968 by submitting a document delivery request through your library
THE APPLICATION OF SHARIʿA IN CONTEMPORARY INTERNATIONAL COMMERCIAL ARBITRATION
thesis
posted on 2017-06-05, 00:25 authored by MARIA ISHAQ BHATTIThis dissertation examines the intersection between contemporary international commercial arbitration and Shariʿa, in order to determine possible tensions that may arise between the two systems. The reforms proposed address significant components of a Shariʿa-compliant legal framework governing arbitration, with the aims of achieving predictability, effectiveness and harmony with contemporary international commercial arbitration. More specifically, this dissertation recommends that Shariʿa rules on arbitration are codified in order to address any uncertainty and lack of predictability for parties, tribunals and courts involved in the arbitration. This is due to the fact that Shariʿa is a multidimensional body of law subject to a variety of interpretations.