ABSTRACT

This conclusion presents some closing thoughts on the concepts covered in the preceding chapters of this book. The book argues that contemporary ICA and Shari'a can harmoniously co-exist if: firstly, there is mutual respect and recognition between the two systems; and secondly, Shari'a is developed as a comprehensive legal framework that governs arbitration proceedings. It argues that Shari'a is open to multiple interpretations due to Shari'a-based legal theories, such as maqasid al-Shari' a, maslaha, and ijtihad. The book proposes reforms aspiring towards 'harmonisation,' as opposed to 'unification,' between contemporary ICA system and Shari'a. It addresses how Shari'a and contemporary ICA can co-exist effectively, and thus harmoniously. One of the main arguments of the book is that the codification of Shari'a will result in an effective, predictable and stable regulatory regime harmonious with contemporary ICA. The book analyses the existing codified arbitral rules, and argues that they require further reform.