The Relationship Between Sharia Law and International Commercial Dissertation

The Relationship Between Sharia Law and International Commercial Arbitration - Dissertation Example ration. Procedural issues, such as: access to justice, service of process, standards of fair trial, evidence, independence and impartiality of arbitrators, joinder, intervention and consolidation, confidentiality of the arbitral proceedings, arbitral interim measures, requirements for an arbitral award. Substantial issues involving the merits of the dispute, such as the application of uniform law and mandatory rules. Acceptance of prior or intervening court judgments/ arbitral awards that may be recognized as res judicata and similar issues.4 Overall, the central debate in resolving issues about the merits of a dispute revolves about whether arbitrators can or should rely upon the general principles of law instead of the legal system of any one State. The debate gains significance when the issue is addressed differently by the general principles of law and the legal system of the state, and controversy exists in the degree to which the clashing principles of sovereignty and pacta sun t servanda should apply. b) Source of general principles of law in international commercial arbitration The phrase ‘general principles of law’ conveys the impression of a set of rules spontaneously arrived at by international businessmen; the truth, however, is that they are rules grounded in national legal systems. It must be clarified that the general principles of international law are not always applicable in all situations. In those instances that the parties have stipulated in their agreement their choice of law or rules of law that is to govern their relationship, there is no instance when general principles of law shall apply. Arbitrators are bound to respect the choice of the parties. The following are the more popular ICA rules according to institution: i) International Centre for Settlement of Investment Disputes (ICSID) Convention, Regulations and Rules ii) ICSID Additional Facility Rules iii) London Court of International Arbitration (LCIA) Arbitration Rule s iv) International Chamber of Commerce (ICC) Dispute Resolution Rules v) (United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules vi) Permanent Court of Arbitration Rules vii) American Arbitration Association (AAA) International Arbitration Rules viii) International Bar Association (IBA) Rules on the Taking of Evidence in International Commercial Arbitration 2) Islam and its Legal System a) Overview of Sharia The word â€Å"Shari’a† is Arabic for â€Å"the path† or â€Å"the way,†5 or more descriptively, â€Å"a path or way to a water hole in the desert.†6 The more figurative meaning would be the path Allah or God had designated for humankind to follow in

ETourism Essay Example | Topics and Well Written Essays - 2500 words

ETourism - Essay Example Doodles can be seen on the top of the main page, which depict the various cultural elements of Malaysia, and are consistent with the tourism theme. These are basically aimed at giving the visitors of the website an overview of the ways they can stay in touch. However, by incorporating the depictions of the Malaysian culture they serve to grab the attention of the people who are interested in travelling to Malaysia. Moreover, it can be seen that there is a blank white background which makes all the colorful images and text pop out and make it more visible. Websites with image backgrounds are often termed as "amateur", due to the fact that it's mostly unprofessional sites that use those. Famous, reputed websites like Google, Yahoo, eBay and Amazon etc. don’t use unprofessional backgrounds which have images. The website has also given a great deal of thought to organization. This is as important as the overall aesthetics of the website because everything is compact and does not c onfuse the visitors by haphazard information. It also does not make the website look uninteresting with big, useless chunks of information that will bore the visitor. The website has also refrained from using frames.   Even though using frames will improve the usability, the address bar does not change as you switch pages. That makes it impracticable for anyone to bookmark a particular page in the site if they wish to, or emailing it to a friend to share the page (Bluejay, 2001). Lastly, the images are high quality- but compressed at the same time so as to reduce the time needed to open them up in the website and therefore, reducing the time that the visitors have to wait to see the images. The font is also very visible and simple in order to place more emphasis on the pictures surrounding and making them more attention grabbing (Website design: Interpersonal Qualities of a good web designer, 2006) Content Over and over again we have always have the sense of hearing SEO companies and SEO consultants’ affirm that content is king, in terms of search engine optimization campaigns. They are nowadays considered as correct in terms of such positioning. This is because of the fact that content has a lot of contributions in an SEO campaign, among these are contents helping as a roadmap to endorse the website to the search engines by incorporating keywords or key phrases into the content which is going to be crawled and indexed by the rummage around engine bots or crawlers. Another is that the content is a boulevard where website owners can encourage the website visitors to adapt from being a mere visitor to becoming a client. Content nevertheless, must always be kept or written in towering quality. (Search Engine Optimisation (SEO), 2002) The website truly Malaysia is very appropriate in terms of its content. The content must not be robotically generated. This means that the content must not just be taken and amended by an application; it should always be wri tten by an actual human being as the meaning being put into words is also for the use of a human being. The content is interesting, as boring content will not be able to keep the visitor on the website, thus raising the websites’ spring back rate; it is hence important to make all content attractive, adding underneath images and charming texts as well as interesting titles that would really help in keeping your visitors from straight away going to another website.