Semi-Secular Arbitration in Islamic Banking and Finance Disputes: The Proposal Revisited
Article from: TDM 6 (2022), in Islamic Finance
Abstract
This article explores the case for semi-secular arbitration as a viable form of dispute resolution in the Islamic finance industry. In doing so, it revisits a proposal made in favour of semi-secular arbitration of Islamic banking and finance disputes on a previous occasion and confirms the procedural and commercial viability of semi-secular arbitration in the field. More specifically, semi-secular arbitration charts a middle way between traditional forms of Islamic arbitration, which pay deference to the requirement for Shari'a compliance, on the one hand and secular arbitration that ...