Introduction: is There a Distinct Islamic Arbitration?

There are at least three types of arbitral processes, which although share many common elements, can be characterized as distinct models. If the common type of commercial arbitration is the norm, then investor-state arbitration (especially under ICSID) is distinguishable because of the absence of privity (regarding the agreement to arbitrate) in BITs and domestic arbitration laws. Moreover, enforcement is in-built in the ICSID Convention and does not require a distinct mechanism, such as the New York Convention. In equal manner, consumer arbitration is always conditioned (at least in the ...