THE APPLICATION OF SHARIʿA IN CONTEMPORARY INTERNATIONAL COMMERCIAL ARBITRATION

2017-06-05T00:25:57Z (GMT) by MARIA ISHAQ BHATTI
This 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.