Islamic commercial arbitration and private international law: mapping controversies and exploring pathways towards greater coordination

This article examines the conflicts between Shari'ah compliance in Islamic commercial arbitration and private international law categories. It analyzes issues like applicable law, public order, and enforcement of foreign arbitral awards, focusing on how private international law can accommodate Shari'ah compatibility concerns in Islamic commercial arbitral awards. The study uses a qualitative methodology involving desk-based research comparing national and international legal sources, doctrinal opinions, and court rulings. It explores ‘limit cases’ to highlight incompatibilities and proposes solutions to improve coordination between the two systems, reducing uncertainties in the internationalization of Islamic finance.

Mohammed El Hadi El Maknouzi, Iyad Mohammad Jadalhaq, Imad Eldin Abdulhay, Enas Mohammed Alqodsi