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The Emergence of “Dubai Approach” for Civil Dispute Resolution of Islamic Finance: Third System to Complement the Court System and the Financial ADR

DOI
  • KAWAMURA Ai
    Graduate School of Asian and African Area Studies, Kyoto University:Japan Society for the Promotion of Science

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Other Title
  • イスラーム金融の民事紛争処理における「ドバイ・アプローチ」の登場:裁判と金融ADRを補完する第三の制度
  • イスラーム キンユウ ノ ミンジ フンソウ ショリ ニ オケル 「 ドバイ ・ アプローチ 」 ノ トウジョウ : サイバン ト キンユウ ADR オ ホカン スル ダイサン ノ セイド

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Abstract

This paper examines a new type of dispute resolution system for Islamic finance in Dubai. It is divided into three parts. The first part shows the whole picture of the new dispute resolution system by referring to cases dealt with in 2009. The second part explains why this system arose when it did. The third part identifies the distinctive characteristics of the new system by comparing it to the conventional system. Although there were special laws for Islamic finance under the Islamic jurisdiction separate from the conventional one, there is an inconsistency in legal jurisdiction when it comes to disputes. Cases were usually brought to the conventional court or ADR system. However, the special judicial committee and the special court established by the Dubai decrees have changed things. As this new dispute resolution system has similar characteristics to those of the ‘London approach’ but also has new features, this paper has named this new dispute resolution system for Islamic finance the ‘Dubai approach’.

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