The purpose of such bifurcation is the enabling of the parties to the arbitration to maintain control of the impact of the Shariah in the law that they choose for arbitration. Middle East states that have not removed religion from their rules of arbitration will continue to administer arbitrations through strictly adhering with the principles of Shariah law and it is likely that these states will place a prohibition on speculative contracts and provisions of contracts calling for strict adherence to Shariah law.

VII. Shariah Law and the Basis of Arbitration

It is reported that whether the arbitration award is binding on the parties may be dictated by the Shariah and in countries where the Shariah is the basis of arbitration awards there must be four inclusive parts: (1) a description of the dispute; (2) the findings of facts under Shariah rules of evidence; (3) the reasoning of the award...
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