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Shari'a Law in Commercial and Banking Arbitration


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Table of Contents

Contents: Introduction; An introduction to the law and economics of Saudi Arabia; The law and practice of arbitration in Arabia from the pre-Islamic era to the emergence of the four schools of jurisprudence; Arbitration in the fully developed Islamic Law; The regulatory attitude toward arbitration in Saudi Arabia; Saudi law as Lex Arbitri: evaluation of Saudi arbitration law and judicial practice; Arbitration for the settlement of banking disputes in Saudi Arabia; Bibliography; Index.

About the Author

Dr. Abdulrahman Yahya Baamir, BA (Hons.), PGD, LLM, PhD is a lawyer and legal advisor in Jeddah, Saudi Arabia. Dr. Baamir specialises in Shari'a and international commercial and banking arbitration. He has published in the fields of capital markets regulation and arbitration in Saudi Arabia.


'This is a thorough and clearly-written discussion of commercial arbitration in Saudi Arabia. It combines a comprehensive discussion of contemporary decisions and authorities with a thoughtful historical analysis. The book is required reading for anyone interested in dispute resolution in the Middle East.' Gary Born, author of International Commercial Arbitration (2009) and International Arbitration: Cases and Materials (2010) 'This is an interesting and useful book for lawyers and businessmen operating under the Islamic Law relating to commercial and banking transactions, especially for those who contemplate entering into arbitration agreements to which the Shari'a will apply. It also deals comprehensively with the sensitive issue of interest, or riba, and the ways in which granting a "return" on an investment may be considered legitimate, as well as other substantive principles of Islamic Law.' Martin Hunter, Essex Court Chambers, London, UK 'This treatise is a rare addition to the literature on arbitration in Shari'a Law. It clarifies how arbitration is deeply rooted in Islamic sources and expounds on the variances of Islamic jurist opinions. Readers will find it enjoyable and beneficial.' Prince Dr. Bandar Bin Salman Al Sa'ud, President of The Saudi Arbitration Group

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