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FEBRUARY
03:30 PM - 05:00 PM
Panel discussion (Hosts: Gatehouse Chambers and Gunnercooke)
Context & Relevance
Islamic finance is expanding globally, notably in KSA Vision 2030. Cross-border transactions are growing more complex, increasing the need for robust dispute resolution.
Sharia Principles in Financial Disputes
Core principles include the prohibition of riba (interest), gharar (uncertainty), and maysir (gambling). Common structures like Murabaha, Ijara, Mudarabah, and Sukuk influence how disputes unfold.
Challenges in Dispute Resolution
Conflicts arise between Sharia-compliant contracts and common law/arbitral norms. Jurisdictional tensions exist between local courts and international arbitration, especially regarding enforcement of Sharia-based awards.
Case Studies & Precedents
Examples from ADGM, DIFC, and SCCA show how Islamic finance disputes are resolved. Recent sukuk defaults and restructurings offer practical lessons.
Innovations in ADR
Specialized Sharia arbitration panels and tribunals are emerging. Mediation and hybrid clauses offer culturally aligned and flexible solutions.
Practical Guidance
Practitioners should focus on enforceable Sharia-compliant clauses, forum selection, arbitrator expertise, and managing Sharia expert evidence.
Interactive Segment
A mock arbitration scenario and audience Q&A on real-world challenges.

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Updated at: 14/07/2024