국제상사중재를 통한 아랍 이슬람권의 상사분쟁해결방안에 관한 연구
Study on the Resolution of Commercial Dispute in Arab Islamic Countries through International Commercial Arbitration
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This is not to say that all Arab Islamic countries have engaged the international business arbitration with transparency. However, Islamic law encourages arbitration of disputes even though its acceptance has been slower in the Arab Islamic countries. In the past, the Arab countries has been suspicious of international commercial arbitration, perceiving it as biased in favor of Western interests. For example, the arbitrations of some Arab oil concession disputes in the early 1950s failed to apply Islamic law to disputes. Recently many Arab Islamic countries has more begun to embrace the institutions and infrastructure of international arbitration. Despite the significant progress with Arab arbitration in recent years, there remain some controversial issues. For example, Arab Islamic countries have rejected some arbitral awards on domestic public policy grounds. The New York Convention authorizes the courts of the member states to refuse to enforce awards which they find to contrary to the public of that country. Here is an issue whether this refer to narrow international public policy or broader domestic public policy. However, globalization and world economic business activities are also prevailed in Arabic region. Even though the initial hostility towards arbitration has not completely disappeared in some Arab Islamic countries, they, in large part, is actively engaged in the modern international commercial arbitration activities. Therefore, it is quite desirable to share and discuss their background and legal issues between the Western world and the Arab Islamic countries.
Abstract
This is not to say that all Arab Islamic countries have engaged the international business arbitration with transparency. However, Islamic law encourages arbitration of disputes even though its acceptance has been slower in the Arab Islamic countries. In the past, the Arab countries has been suspicious of international commercial arbitration, perceiving it as biased in favor of Western interests. For example, the arbitrations of some Arab oil concession disputes in the early 1950s failed to apply Islamic law to disputes. Recently many Arab Islamic countries has more begun to embrace the institutions and infrastructure of international arbitration. Despite the significant progress with Arab arbitration in recent years, there remain some controversial issues. For example, Arab Islamic countries have rejected some arbitral awards on domestic public policy grounds. The New York Convention authorizes the courts of the member states to refuse to enforce awards which they find to contrary to the public of that country. Here is an issue whether this refer to narrow international public policy or broader domestic public policy. However, globalization and world economic business activities are also prevailed in Arabic region. Even though the initial hostility towards arbitration has not completely disappeared in some Arab Islamic countries, they, in large part, is actively engaged in the modern international commercial arbitration activities. Therefore, it is quite desirable to share and discuss their background and legal issues between the Western world and the Arab Islamic countries.
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