Appointing a non-Muslim as arbitrator in tahkim proceedings: polemics, perceptions and possibilities

With the skyrocketed increase in social and commercial intercourses among people of diverse racial, religious and cultural backgrounds in the modern world, the world is gradually shrinking into a global hamlet. The implication of this trend in various disciplines has encouraged parties across civi...

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Main Authors:	Idid, Syed Ahmad, Oseni, Umar Aimhanosi
Format:	Article
Language:	English
Published:	LexisNexis 2014
Subjects:	K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/49945/ http://irep.iium.edu.my/49945/1/Appointing_a_Non-Muslim_as_Arbitrator_in_Tahkim.pdf

id	iium-49945
recordtype	eprints
spelling	iium-499452016-10-12T09:50:42Z http://irep.iium.edu.my/49945/ Appointing a non-Muslim as arbitrator in tahkim proceedings: polemics, perceptions and possibilities Idid, Syed Ahmad Oseni, Umar Aimhanosi K Law (General) KBP Islamic Law With the skyrocketed increase in social and commercial intercourses among people of diverse racial, religious and cultural backgrounds in the modern world, the world is gradually shrinking into a global hamlet. The implication of this trend in various disciplines has encouraged parties across civilisation divides to embrace the principle of tolerance in order to establish sustainable bridges across different civilisations. This trend has crept into the domain of arbitration, particularly, in cross-border commercial transactions, which require the parties to provide for the arbitration clause in their contracts. To this end, this paper examines the way and manner in which Islamic law regards the appointment of a non-Muslim arbitrator in arbitral proceedings. It considers the relevant juristic opinions as well as the practical realities of the modern world. The statutory provisions of the arbitration laws of 18 Muslim countries are examined with a view to identifying any restriction in the appointment of a non-Muslim as an arbitrator. The paper concludes with some recommendations that would promote cross-border transactions and international arbitration while breaking the often overstated civilisational divide. LexisNexis 2014 Article PeerReviewed application/pdf en http://irep.iium.edu.my/49945/1/Appointing_a_Non-Muslim_as_Arbitrator_in_Tahkim.pdf Idid, Syed Ahmad and Oseni, Umar Aimhanosi (2014) Appointing a non-Muslim as arbitrator in tahkim proceedings: polemics, perceptions and possibilities. Malayan Law Journal, 5. pp. 1-11. ISSN 0025-1283
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KBP Islamic Law
spellingShingle	K Law (General) KBP Islamic Law Idid, Syed Ahmad Oseni, Umar Aimhanosi Appointing a non-Muslim as arbitrator in tahkim proceedings: polemics, perceptions and possibilities
description	With the skyrocketed increase in social and commercial intercourses among people of diverse racial, religious and cultural backgrounds in the modern world, the world is gradually shrinking into a global hamlet. The implication of this trend in various disciplines has encouraged parties across civilisation divides to embrace the principle of tolerance in order to establish sustainable bridges across different civilisations. This trend has crept into the domain of arbitration, particularly, in cross-border commercial transactions, which require the parties to provide for the arbitration clause in their contracts. To this end, this paper examines the way and manner in which Islamic law regards the appointment of a non-Muslim arbitrator in arbitral proceedings. It considers the relevant juristic opinions as well as the practical realities of the modern world. The statutory provisions of the arbitration laws of 18 Muslim countries are examined with a view to identifying any restriction in the appointment of a non-Muslim as an arbitrator. The paper concludes with some recommendations that would promote cross-border transactions and international arbitration while breaking the often overstated civilisational divide.
format	Article
author	Idid, Syed Ahmad Oseni, Umar Aimhanosi
author_facet	Idid, Syed Ahmad Oseni, Umar Aimhanosi
author_sort	Idid, Syed Ahmad
title	Appointing a non-Muslim as arbitrator in tahkim proceedings: polemics, perceptions and possibilities
title_short	Appointing a non-Muslim as arbitrator in tahkim proceedings: polemics, perceptions and possibilities
title_full	Appointing a non-Muslim as arbitrator in tahkim proceedings: polemics, perceptions and possibilities
title_fullStr	Appointing a non-Muslim as arbitrator in tahkim proceedings: polemics, perceptions and possibilities
title_full_unstemmed	Appointing a non-Muslim as arbitrator in tahkim proceedings: polemics, perceptions and possibilities
title_sort	appointing a non-muslim as arbitrator in tahkim proceedings: polemics, perceptions and possibilities
publisher	LexisNexis
publishDate	2014
url	http://irep.iium.edu.my/49945/ http://irep.iium.edu.my/49945/1/Appointing_a_Non-Muslim_as_Arbitrator_in_Tahkim.pdf
first_indexed	2023-09-18T21:10:35Z
last_indexed	2023-09-18T21:10:35Z
_version_	1777411225314918400

Appointing a non-Muslim as arbitrator in tahkim proceedings: polemics, perceptions and possibilities

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