Arbitration, as an alternative dispute resolution mechanism, was well known in the Arab region before the establishment of the Islamic religion. Islamic law continued the practice of arbitration to resolve disputes and created a new type of arbitration specific to family disputes. In fact, the first arbitration clause under Islamic law was concluded in the Medinah treaty between Muslim Arabs, Non-Muslim Arabs, and Jews in 622 A.D., which shows the historical legacy of arbitration practices in Islamic legal traditions. Despite the profound historical precedent, there are growing concerns about arbitration practices under Islamic Law. Some of the main issues concerning modern Islamic arbitration are: (1) the roles of arbitrators; (2) the validity of appointing women arbitrators; and (3) enforceability of arbitration awards. These concerns are the result of recent demands from the Islamic world to improve Islamic arbitration practices in accordance with modern international arbitration as well as changes in cultural habits and customs. Therefore, the need to reformulate and modify Islamic arbitration appeared in light of the changes from modernity in the Islamic world. The first issue focuses on a precise understanding of the role of arbitrators, which is a divisive issue in Islamic arbitration since scholars have different opinions on the specific role of arbitrators. The second issue is concerned with the absence of women arbitrators in Islamic arbitration in the Kingdom of Saudi Arabia, which, along with the lack of women present in international arbitration, concerns the international arbitration community. The third issue highlights the enforcement of arbitration awards and the difficulty faced in some Muslim countries, such as Saudi Arabia, when Islamic law serves as the basis for their public policies. The spread of globalization and diffusion of international investment and business projects on an international level has promoted international arbitration as the preferred vehicle for dispute resolution. Therefore, by analyzing some of the foreseeable issues of Islamic arbitration under Islamic law and then providing tools to overcome these obstacles, Islamic arbitration will meet international arbitration standards and will be accepted to govern and resolve disputes.
Now in its 5th edition, the book discusses how expert determination is used as a method of dispute resolution and how it can be used alongside arbitration or litigation in a contract.
This very useful book arms litigation and arbitration practitioners and in-house counsel with a detailed description of the Austrian procedural law governing proceedings before both Austrian domestic courts and arbitral tribunals seated in ...
This book provides an overall understanding of Chinese labour law and covers many important issues related to the application of Chinese labour law.
Arbitration ACT 1996: The 46(1)(B) Brigade 'Attention': An Essay on Common Sense (for Those Parties Who Agree That Their Arbitrator...
Arbitration Act 1996: A Trilogy of Mock Court of Appeal Judgements
Singapore International Arbitration: Law and Practice
This text offers guidance on the peaceful resolution of disputes by referral to an expert and can be consulted by every lawyer drafting commercial contracts, as well as those dealing with commercial disputes.
Project 94: Domestic arbitration
... Vor- und Nachteile und erweist sich nicht in jedem Fall als der gegenüber dem staatlichen Gerichtsverfahren zu ... Gerichten , der bereits in erster Instanz zu einer rechts- kräftigen Entscheidung führt , kostengünstiger26 . Auch das ...
This manual provides a comprehensive guide to negotiating effectively based on an understanding of the factors which influence legal negotiations and research on what is and is not effective.