إجراءات التحكيم في منازعات عقود التمويل الإسلامي في دولة الإمارات العربية المتحدة

Abstract

The UAE contributes to 20% of the Islamic financial industry market globally، and ranks second in the Islamic finance sector to Malaysia. Due to this growth in this sector it has necessitated keeping up with it in terms of legislation and regulation، as the nature of the financial disputes، which relates to the Islamic finance sector in particular، requires an effective mechanism for settlement in a manner that does not conflict with the provisions of Shariah and international laws. Given the nature of the fundamental differences between Islamic and traditional financial institutions، it is not logical that both of them are subject to the same legal systems that are applied in ordinary jurisdictions without regard to the characteristics that characterize each other. Here comes the role of alternative dispute resolution (ADR)، which Arbitration is one of the best known، which in turn enables the selection of Shariah as applicable law. This research discusses the arbitration process in Islamic finance disputes at various stages، and to identify the most prominent difficulties and challenges they face، and the oversight role of the judiciary towards these procedures and the extent of its intervention. The researcher will use a variety of research methods، such as the inductive، analytical approaches utilising the UAE Arbitration Act (Federal Law No.6 of 2018) and related international and regional agreements ratified by the UAE on arbitration، as well as the standards that support the Islamic financial industry، especially the arbitration standard issued by (AAOIFI) to identify the most prominent problems in this and ways to settle them. It is hoped that several conclusions can be arrived at، the most important of which is that Islamic arbitration with the provisions of Shariah can be applied، and that it differs from traditional arbitration in the aspect of applicable law، and the judgment of the arbitral tribunal be in accordance with the provisions of Shariah even if the parties to the dispute choose not to. Hence، the need to ensure that all formal and substantive arbitration proceedings are in place so that this does not result in the annulment of the arbitration judgement. The importance of the judiciary in the arbitration and the need to support the arbitrator's work، mean that arbitration is not being taken away from its jurisdiction.