ABSTRACT

This chapter explores dispute settlement in Islamic finance in the United Arab Emirates. The continuous growth of Islamic finance in the UAE has co-existed with a mixed legal system. The civil law system exists within the common law system and is practiced through the legal structures that are established under the Dubai International Financial Centre and the Abu Dhabi Global Market. Simultaneously, Shari’ah is codified as the principal source of legislation in the Constitution. In settling Islamic finance disputes a wide range of dispute resolution channels exist including litigation, through the court structure, as well as arbitration, reconciliation or other agreed processes. The UAE’s modern legal framework can be traced back to an appreciation of the ‘United Nations Commission on International Trade Law’ model law.