Islamic Law and International Commercial Arbitration
This book examines the intersection between contemporary International Commercial Arbitration and Shari'a law in order to
determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari'a, as well as examining the consequences of stipulating qualifications of arbitrators
based on gender and/or religion. Les mer
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Legg i
Vår pris:
575,-
(Paperback)
Fri frakt!
Leveringstid:
Sendes innen 21 dager
This book examines the intersection between contemporary International Commercial Arbitration and Shari'a law in order to
determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari'a,
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 Shari'a 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.
The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.
- FAKTA
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Utgitt:
2020
Forlag: Routledge
Innbinding: Paperback
Språk: Engelsk
Sider: 290
ISBN: 9780367496982
Format: 23 x 16 cm
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Chapter 1: Introduction
Chapter 2: The Theoretical and Practical Framework for Shari'a Arbitration
Chapter 3: Conflict of Laws and Shari'a as Choice of Law
Chapter 4: Composition of the Arbitral Tribunal
Chapter 5: Evidence and Procedure in Shari'a Arbitration
Chapter 6: The Impact of Gharar and Riba on Arbitrability and Arbitration Agreements
Chapter 7: Interest on Arbitral Awards and the Prohibition against Riba
Chapter 8: Shari'a Public Policy and the Recognition and Enforcement of Arbitral Awards
Chapter 9: Reform Proposals, Further Research and Conclusion
Chapter 2: The Theoretical and Practical Framework for Shari'a Arbitration
Chapter 3: Conflict of Laws and Shari'a as Choice of Law
Chapter 4: Composition of the Arbitral Tribunal
Chapter 5: Evidence and Procedure in Shari'a Arbitration
Chapter 6: The Impact of Gharar and Riba on Arbitrability and Arbitration Agreements
Chapter 7: Interest on Arbitral Awards and the Prohibition against Riba
Chapter 8: Shari'a Public Policy and the Recognition and Enforcement of Arbitral Awards
Chapter 9: Reform Proposals, Further Research and Conclusion
Maria Bhatti is a lawyer and academic in Australia. She is currently teaching at University of Technology of Sydney Law School
and was previously teaching at Monash Law School. She completed her PhD from Monash Law School, and her Bachelor of Laws and
Masters of Law from the University of Melbourne.