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IS SHARIA LAW AN OBSTACLE TO THE DEVELOPMENT OF COMMERCIAL ARBITRATION IN THE COUNTRIES OF THE GULF COOPERATION?

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Last updated: 24 Dec 2024

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Abstract


The Gulf Cooperation Council (GCC) has been slow in accepting cutting-edge arbitration practices due to the fear of Islamic Sharia law, which is seen as an obstacle to improving arbitration in the region. This thesis confirms that there is great flexibility within Sharia to accommodate modern global commercial arbitration practices, and that the delay in accepting these practices is due to various factors, such as the bad experience of the Gulf Cooperation Council countries with arbitration. This research reveals that arbitration in the GCC ccountries will only be realistic if updating the legal guidelines for arbitration is blended with an increased understanding and acceptance by the Western legal community of Sharia as an existing legal system.







 

The aim and objective of the paper: To demonstrate that Islamic law is consistent with the development of commercial arbitration in the Arabian Gulf. Sharia is not an obstacle to its developmento C

DOI

10.21608/jlaw.2023.245802.1081

Keywords

GCC, Arbitration agreement, Islamic law, Enforcement, public policy

Authors

First Name

Ahmad Abdallah Fayiz

Last Name

Azzam

MiddleName

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Affiliation

Researcher in International Commercial Arbitration Law Faculty of Law - Vilnius University.

Email

drazzam95@gmail.com

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Volume

19

Article Issue

6

Related Issue

46189

Issue Date

2024-02-01

Receive Date

2023-10-31

Publish Date

2024-02-01

Page Start

3,583

Page End

3,606

Print ISSN

2537-0758

Online ISSN

2682-468X

Link

https://jlaw.journals.ekb.eg/article_327515.html

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https://jlaw.journals.ekb.eg/service?article_code=327515

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327,515

Type

المقالة الأصلية

Type Code

971

Publication Type

Journal

Publication Title

المجلة القانونية

Publication Link

https://jlaw.journals.ekb.eg/

MainTitle

IS SHARIA LAW AN OBSTACLE TO THE DEVELOPMENT OF COMMERCIAL ARBITRATION IN THE COUNTRIES OF THE GULF COOPERATION?

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Article

Created At

24 Dec 2024