IS SHARIA LAW AN OBSTACLE TO THE DEVELOPMENT OF COMMERCIAL ARBITRATION IN THE COUNTRIES OF THE GULF COOPERATION? | ||
| المجلة القانونية | ||
| Volume 19, Issue 6, February 2024, Pages 3583-3606 PDF (741.22 K) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/jlaw.2023.245802.1081 | ||
| Author | ||
| Ahmad Abdallah Fayiz Azzam* | ||
| Researcher in International Commercial Arbitration Law Faculty of Law - Vilnius University. | ||
| 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 | ||
| Keywords | ||
| GCC; Arbitration Agreement; Islamic Law; Enforcement; Public Policy | ||
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