Author
Amal Kamel Abdullah, Abdallah, Amel K
Publication Place
Doha -
Qatar University Press
Subject
Interest rates, International law, Islam, Judgments, Law reports, digests, etc., Lawyers, Political planning, Public policy, Religion
Type
Book
Language
ara,eng
Digital
Yes
Manuscript
No
Library
Royal Danish Library
Library Asset ID
ISSN: 2223-859X, EISSN: 2223-859X, DOI: 10.29117/irl.2020.0114
Record ID
cdi_proquest_journals_2838641630
Library Location
DOAJ Directory of Open Access Journals, HeinOnline Law Journal Library, Social Science Database, ProQuest Central
Notes
Despite the existence of a legislative environment compatible with the latest international texts issued in the field of arbitration in most Arab Gulf countries, such as the Model Law of the United Nations Commission on International Trade Law 1985; However, the lack of clarity of the true concept of Islamic law, as part of the public order, as well as the lack of clarity of its position on some matters related to arbitration, makes it, in the eyes of some foreign investors and legal experts, a potential obstacle to the possibility of implementing national and foreign arbitration awards in the Arab Gulf states, where its rules can be relied upon. To challenge the invalidity of the arbitration award due to its violation of public order. The research aims to demonstrate the error of the belief that Islamic law is an obstacle to arbitration in the Arab Gulf countries, by clarifying the position of arbitration in the true concept of Islamic law, as part of public order. It also addresses the actual role of Islamic Sharia, as a basis for challenging the invalidity of arbitration awards, by stating its position, and the position of Gulf legislation on some issues that may appear, at first glance, to be in violation of Sharia, such as; The religion of the arbitrator, women’s arbitration, debt interest, and ambiguity contracts.
Telif Hakkı
2020. This work is published under https://creativecommons.org/licenses/by-nc/4.0/ (the “License”). Notwithstanding the ProQuest Terms and Conditions, you may use this content in accordance with the terms of the License.
Görüntüle
International review of law, 2020-01, Vol.9 (2)