Arbitration

by Dupret, Baudouin

Type Article
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Arbitration is a conflict-resolution method different from adjudication, but nevertheless with a long history in Islamic law. In principle, it takes place outside the courts and is voluntary. Parties to a dispute agree to defer to one or many persons—the arbiters or arbitrators—by whose decision they both have agreed to be bound. Two Arabic words are frequently used to refer to arbitration. The first, taḥkīm , derived from the root ḥkm , refers to the intervention of a third person, the arbiter…

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Summary

Arbitration is a conflict-resolution method different from adjudication, but nevertheless with a long history in Islamic law. In principle, it takes place outside the courts and is voluntary. Parties to a dispute agree to defer to one or many persons—the arbiters or arbitrators—by whose decision they both have agreed to be bound. Two Arabic words are frequently used to refer to arbitration. The first, taḥkīm , derived from the root ḥkm , refers to the intervention of a third person, the arbiter ( ḥakam or muḥakkam ), who is called upon

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Article Information

Publication Statements

  • Publisher(s):Brill
  • Language:eng

Edition Identifiers

  • wc:ALei1070

Subjects

eng Islam

Writers

Dupret, Baudouin

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