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