
Islamic Financial Transactions between Legislation and Practice
25/07/2023
Conference on Islamic Financial Transactions between Legislation and Practice
26/12/2023Seminar On “Arbitration in the Islamic Economy: Developments & Challenges” – DAW 2023
As part of Dubai Arbitration Week (DAW) 2023, the International Islamic Centre for Reconciliation and Arbitration (IICRA) had the pleasure of hosting a seminar on “Arbitration in Islamic Economy: Developments and Challenges” at the Millennium Plaza Downtown Hotel in Dubai, United Arab Emirates (UAE) on 16 November 2023.
At the onset of the seminar, Dr. Rami Sulaiman, the General Secretary of IICRA, extended a warm welcome to the esteemed audience. He emphasized the remarkable global expansion of the Islamic Finance Industry and underscored IICRA's pivotal role in dispute resolution through Institutional Reconciliation and Arbitration under IICRA Rules. Dr. Sulaiman further discussed recent activities, including dispute settlements, training programs, and the signing of Memoranda of Understanding (MOUs) with international partners.
The first panel discussion titled “Practice of Arbitration in Islamic Economy” was skillfully moderated by Dr. Suzanne Abdullah (Partner, OGH Legal) and featured distinguished speakers, including Mr. Ahmed Ibrahim (International Arbitrator) and Dr. Kamal Malas who shed light on the features and benefits of IICRA Arbitration and Reconciliation Rules, capturing audience's keen interest and curiosity. The speakers emphasized the distinctive qualities of Shari’ah Compliant Arbitral Awards issued by IICRA, along with the well-established enforcement mechanisms. Despite the industry's current challenges, the panel highlighted that Arbitration at IICRA stands out as the optimal method for adjudicating all disputes, offering unparalleled flexibility, efficiency, and minimal costs. The discussion concluded with the speakers noting the supportive legal and judicial landscape in the UAE for recognizing Arbitral Awards, while acknowledging the need for continuous enhancement.
The second panel discussion themed “Updates on Islamic Economy” was adeptly moderated by Dr. Rami Sulaiman. The distinguished speakers, namely Mr. Mohammad Saifullah Khan (CEO, Dar Al Sharia) and Mr. Abdulrahim Adi (AVP, Shari’ah Consultations, R&D – Emirates Islamic Bank), delved into the pivotal topic of codification to create an environment conducive to the growth of the Islamic economy. The discussion illuminated key challenges and opportunities in standardizing and codifying Islamic financial transactions, highlighting strides made in developing standardized contracts and documentation. The speakers also explored the role of regulatory bodies in promoting standardization and codification, emphasizing collaborative efforts among industry stakeholders to enhance transparency and integrity in Islamic financial markets.
After insightful panel discussions, Dr. Rami Sulaiman, the General Secretary of IICRA, expressed sincere gratitude to the distinguished speakers, moderators, and the audience for their valuable contributions and time. The seminar concluded with the presentation of recommendations, outlined as follows:
- Offering its services to the parties desiring to avail them, furnishing the arbitration clause in eight (8) official languages pertinent to Islamic financial transactions, as outlined in the IICRA Rules. This Clause is designed for incorporation into contracts and agreements.
- Encouraging the parties with ongoing disputes to avail its services by either entering into an arbitration agreement using the Model Arbitration Clause as detailed in the IICRA Rules or by approaching IICRA to request the drafting of an arbitration agreement.
- Inviting those interested in expanding their knowledge and expertise to participate in the periodic training programs entitled “Certified Islamic Arbitrator & Expert which is offered in three languages: Arabic, English, and French.
- Urging concerted efforts to be made towards the codification of Islamic financial transactions jurisprudence. This initiative aims to provide comprehensive benefits for industry stakeholders, including lawyers, judges, arbitrators, experts, investors, and others involved in the field.
- Engaging in the development of unified model contracts for Islamic financial transactions to regulate such transactions comprehensively from Shari’ah, legal, and technical perspectives through contractual obligations.
The Secretary General concluded the forum, declaring its success in fostering the culture of Islamic arbitration. This event adds to the list of successful gatherings organized by IICRA, and we look forward to continuing and expanding these efforts, God willing.
Watch here: https://www.youtube.com/channel/UCHUTC9AOulXh214tBBabvJw

