Title of article :
Arbitration as a Method of Dispute Settlement in Islamic Banking and Finance: A Perspective from Malaysian Governing Law
Author/Authors :
Mohamed، A. M. T نويسنده , , Makhtar ، M. نويسنده , , Hamid ، N.A نويسنده , , Asari، K. N نويسنده ,
Issue Information :
فصلنامه با شماره پیاپی سال 2015
Abstract :
Arbitration is one of the important alternative dispute resolution (ADR) methods. Being an
alternative method, it has advantages over the conventional dispute resolution mechanisms
i.e. court litigation. This paper examines the law governing arbitration as a method of
resolving disputes in Islamic banking and finance in Malaysia. Main provisions of related
statutes and rules are discussed, as well as related issues. This paper adopts library research
method and analyses relevant statutory laws, decided cases, books, journals, law reports,
newspaper articles, conference proceedings and other periodicals. This paper concludes
that although the law related to arbitration in Islamic banking in Malaysia is already in
place, improvements are needed to ensure the arbitral process is more in line with the
Shariah principle.
Keywords :
ARBITRATION , Islamic banking and finance , Disputes
Journal title :
Pertanika Journal of Social Sciences and Humanities (JSSH)
Journal title :
Pertanika Journal of Social Sciences and Humanities (JSSH)