Post by Sapphire Capital on Aug 14, 2008 21:25:08 GMT 4
Sulh: A Crucial Part of Islamic Arbitration
Aseel Al-Ramahi
June 30, 2008
LSE Legal Studies Working Paper No. 12/2008
Abstract:
Arbitration and amicable settlement (sulh) have a long history within Arab and Islamic societies and have their roots in pre-Islamic Arabia. Sulh is the preferred result and process in any form of dispute resolution. Further, arbitration is favoured to adjudication in Islamic jurisprudence. In tribal and Islamic cultures, the overarching objective in conflict settlement is collectivity. Group solidarity is explored in this paper and its effect on dispute resolution is examined. The paper looks at the differences between East and West and shows that the Eastern party has an intrinsic community and a collective attitude to conflict whereas the Western party is individually minded and procedurally orientated, thus causing friction between the two sides. The distinctions between them relate to the perceptions of conflict, the formation of procedure and the status and function of the third party intervener. International commercial arbitration is sufficiently equipped to accommodate those two norms if it is used effectively.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1153659_code831181.pdf?abstractid=1153659&mirid=3
Aseel Al-Ramahi
June 30, 2008
LSE Legal Studies Working Paper No. 12/2008
Abstract:
Arbitration and amicable settlement (sulh) have a long history within Arab and Islamic societies and have their roots in pre-Islamic Arabia. Sulh is the preferred result and process in any form of dispute resolution. Further, arbitration is favoured to adjudication in Islamic jurisprudence. In tribal and Islamic cultures, the overarching objective in conflict settlement is collectivity. Group solidarity is explored in this paper and its effect on dispute resolution is examined. The paper looks at the differences between East and West and shows that the Eastern party has an intrinsic community and a collective attitude to conflict whereas the Western party is individually minded and procedurally orientated, thus causing friction between the two sides. The distinctions between them relate to the perceptions of conflict, the formation of procedure and the status and function of the third party intervener. International commercial arbitration is sufficiently equipped to accommodate those two norms if it is used effectively.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1153659_code831181.pdf?abstractid=1153659&mirid=3