Doug Jones, the head of Clayton Utz's International
Arbitration group, and Essam Al Tamimi from Al Tamimi & Co.
discuss the role of Sharia law in international arbitration.
Islamic influences on
Doug Jones, Head of International
Arbitration Group, Clayton Utz
Essam Al Tamimi, Senior Partner and
Head of Arbitration at Al Tamimi & Co
Kate Ritchie, Boardroom Radio
Today BRR speaks with Doug Jones who is a partner and the head
of International Arbitration at Clayton Utz. Joining him is Essam
Al Tamimi who is a senior partner and head of Arbitration at Al
Tamimi & Co.
Doug, in an increasingly globalised economy more and more
companies are turning to international arbitration to resolve their
commercial disputes. How important is recognition of various
cultures and laws to both the acceptance and enforceability of
commercial arbitration decisions?
Decisions need to be decided according to the appropriate law;
whether that's local or not depends on the agreement.
So as far as culture is concerned, it's legally irrelevant
but very important from a practical point of view. Parties need to
have their culture respected in order to accept the outcome of
decisions, as do local courts enforcing outcomes. They need to
appreciate their culture has also been respected.
And Essam in your experience with international arbitration and
Sharia law, is there a place for Sharia law in international
Essam Al Tamimi
Indeed, Islamic law recognised arbitration from day 1 of
Islam and maybe even before then.
It has been progressed through Islam, it's been recognised
and developed in some of the Islamic jurisprudence. There is no
conflict between Islam and arbitration and actually they complement
each other and Islamic law supports arbitration and it is
There has been however some misconceptions from some of the
Islamic scholars and maybe some of the international users that
Islamic law may conflict with international arbitration and puts on
some restrictions, which is not true. Both of them actually could
cohere and work together very well.
And Essam, how might we see Sharia law applied to international
arbitration in the future?
Essam Al Tamimi
Islamic law is the principle of law that is being embodied into
a codified law in most of Arabian and Islamic countries. You may
find the source of the law that comes from the Sharia and Islamic
principles but most of the Islamic countries and Arab countries,
with maybe the exception of one state, have enacted laws within
their codified law and the principle of it remains Sharia.
Those laws and regulations embodied in these local laws do not
conflict with arbitration and actually support arbitration and they
could be used in any local and international arbitration whether as
procedural law or substantive law.
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This was an interlocutory decision about the appointment of a tutor for the child appellant, to carry on his proceedings.
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