Effect of Shari'a on the Dispute Resolution Process Set Forth in the Washington Convention, The

Authors

Andrew Smolik

Abstract

This article will provide an overview of Shari'a law with respect to arbitration. Section I provides an overview of principles of Shari'a and its development. Section II discusses Islamic jurisprudence and the different schools of Islamic jurisprudence. Section III provides a discussion of the different schools of Islamic jurisprudence. Section IV provides a history of arbitration in the Middle East from the period before Muhammad to today. Section V gives a brief overview of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention). Sections VI and VI discuss issues regarding choice of law in an agreement to arbitrate under the ICSID Convention. Section VIII discusses the ICSID arbitration decision of Southern Pacific Properties v. Arab Republic of Egypt as an example of a how a tribunal's choice of law analysis could possibly be against the ideals of Shari'a.

Recommended Citation

Andrew Smolik, Effect of Shari'a on the Dispute Resolution Process Set Forth in the Washington Convention, The, 2010 J. Disp. Resol. (2010)
Available at: https://scholarship.law.missouri.edu/jdr/vol2010/iss1/8