UID:
almahu_9949384349202882
Format:
1 online resource
ISBN:
9780429888212
,
042988821X
,
9780429468612
,
042946861X
Series Statement:
Islamic Law in Context
Content:
"This book examines the intersection between contemporary international commercial arbitration and shariʻa law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under shariʻa, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author...analyses the prohibition against interest (riba) and uncertainty (gharar) under shariʻa 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."--
Note:
Based on author's thesis (doctoral - Monash University, 2017) issued under title: The application of shariʻa in contemporary international commercial arbitration.
,
Introduction -- The theoretical and practical framework for shariʻa arbitration -- Conflict of laws and shariʻa as choice of law -- Composition of the arbitral tribunal -- Evidence and procedure in shariʻa arbitration -- The impact of gharar and riba on arbitrability and arbitration agreements -- Interest on arbitral awards and the prohibition against riba -- Shariʻa public policy and the recognition and enforcement of arbitral awards -- Reform proposals, further research and conclusion.
Additional Edition:
Print version: Islamic law and international commercial arbitration Abingdon, Oxon ; New York, NY : Routledge, 2019 ISBN 9781138604254 (hardback)
Language:
English
Keywords:
Electronic books.
;
Electronic books.
URL:
https://www.taylorfrancis.com/books/9780429468612
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