Previous IA Lectures

2020: A Response to DFAT’s Review of Australia’s Bilateral Investment Treaties 2019: Arbitration in Australia – Rising to the Challenge 2018: "The Need for Speed – Is International Arbitration Becoming Overly Fixated with Efficiency?” 2017: How worldly is it?” by The Hon Sir Bernard Eder2016: “International Arbitration and Independence – Off the Beaten Track” by Elliott Geisinger2015: “Dynamics, discretion and diversity - A recipe for unpredictability in international arbitration?” by Hilary Heilbron QC2014: “Commercial Courts and International Arbitration– Competitors or Partners?” by Michael Hwang SC2013: The authority of the arbitrator - its sources, limits and importance2012: The Impact of International Arbitration on the Rule of Law2011: Islamic influences on international arbitration2010: 仲裁 - Speaking your language? What is the language of resolution in the Asia-Pacific region?2009: The Day Before Tomorrow: Future Developments in International Arbitration2008: Inside Out: A User's View of International Arbitration2007: When Arbitrators Facilitate Settlement: Amiable Imposition or Actual Solution?2006: Enterprise v State: The New David and Goliath?2005: Litigate, Arbitrate, Mediate, Frustrate? Breaking the Dispute Deadlock2004: Apes, Neanderthals and Missing Links: Evolution in International Business Arbitration2003: East meets West: Tradition, Globalisation and the Future of Arbitration2002: Arbitration, Imagination and the Culture of Compromise: The Inaugural Clayton Utz International Arbitration Lecture

2011: Islamic influences on international arbitration

About the lecture

The 2011 International Arbitration Lecture marked the 10th anniversary of the International Arbitration Lecture series. To celebrate this milestone occasion and to extend its global reach, the lecture was streamed live via the website to all invitees across the globe. For those in Australia but outside Sydney, the lecture was also broadcast via a video link at the Federal Courts in Melbourne, Brisbane and Perth.

Sharia is the religious law of Islam, and has influenced the legislation of all modern Islamic countries, albeit to different degrees. There is debate as to whether, and to what extent, Sharia impacts on arbitration and in particular international arbitration in these countries. Is there room for Sharia in international arbitration? To what extent is Sharia applicable to international arbitration, either directly or through modern laws? Can Sharia be considered as equivalent to the equitable law and the general rules of law and justice that are often applied by arbitrators in international arbitration?

In this lecture Essam AI Tamimi shed light on these questions and how and when Sharia might be applied in international arbitration. He also considered to what extent international arbitrators are bound by Sharia, and whether Sharia offers any benefits to international arbitration.

About the speaker

Essam Al Tamimi has over 26 years of experience in litigation and dispute resolution in the United Arab Emirates and the Gulf Corporation Council countries. He is also the founder and senior partner of the largest law firm in the Middle East, Al Tamimi & Company.

Essam has acted as counsel and sat as arbitrator in a number of disputes both regionally and internationally. He is currently a member of the ICC Court of Arbitration, Chairman of the ICC Arbitration Committee, ex-chairman and member of the Chartered Institute of Arbitrators, a member of the Board of Trustees of Dubai International Arbitration Centre, an ex-member of the LCIA Court and currently the President of the Arab Users’ Council of the LCIA.

Essam is actively involved in the development of arbitration laws within the region as well as the training and development of arbitration within the UAE and the Middle East. His practice focuses primarily on advising local and international clients in the areas of shipping, banking, intellectual property, construction and commercial litigation. Essam has published a number of articles and books on litigation and arbitration in the UAE including setting up business in the region. He has received the Gulf Legal Lifetime Achievement Award for his outstanding contribution to the Gulf legal market.

For more information please visit http://www.tamimi.com/

Lecture transcript

Video clips

Part 1


Part 2


Part 3


Part 4

Part 5

Part 6

Photos

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