Arbitration as a Method of Dispute Settlement in Islamic Banking and Finance: A Perspective from Malaysian Governing Law

Mohamed, Abdul Majid Tahir and Makhtar, Maheran and Hamid, Noor 'Ashikin and Asari, Khairun Nisaa (2015) Arbitration as a Method of Dispute Settlement in Islamic Banking and Finance: A Perspective from Malaysian Governing Law. Pertanika Journal of Social Sciences and Humanities, 23 (S). pp. 153-164. ISSN ISSN 0128-7702 (Print)

[img] Text
JSSH Vol. 23 (S) Nov. 2015 (Published) 153-164_AMT.pdf
Restricted to Registered users only

Download (350Kb) | Request a copy
Official URL: http://www.pertanika.upm.edu.my/JSSH.php

Abstract

Arbitration is one of important alternative dispute resolution (ADR) methods. Being an alternative method, it has advantages over the conventional dispute resolution method i.e. court litigation. This paper is to examine 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 thereof. This paper adopts library research method whereby analysis is done to relevant statutory laws, decided cases, books, journals, law reports, newspapers’ 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, few improvements could be done to ensure the arbitral process is more in line with the Shariah.

Item Type: Article
Keywords: Social Sciences, Law, Alternative Dispute Resolution
Subjects: K Law > K Law (General)
Faculty / Institute: Faculty of Law, Accountancy & International Relations
Depositing User: Dr. Abdul Majid Tahir Mohamed
Date Deposited: 02 May 2016 02:48
Last Modified: 02 May 2016 02:48
URI: http://erep.unisza.edu.my/id/eprint/4300

Actions (login required)

View Item View Item