RIDW: Islamic Finance Disputes and ADR – Bridging Sharia Principles with International Arbitration Practice

Panel discussion (Hosts: Gatehouse Chambers and Gunnercooke)

1. Context & Relevance
   Islamic finance is expanding globally, notably in KSA  Vision 2030. Cross-border transactions are growing more complex, increasing the need for robust dispute resolution.
2. Sharia Principles in Financial Disputes
   Core principles include the prohibition of riba (interest), gharar (uncertainty), and maysir (gambling). Common structures like Murabaha, Ijara, Mudarabah, and Sukuk influence how disputes unfold.
3. Challenges in Dispute Resolution
   Conflicts arise between Sharia-compliant contracts and common law/arbitral norms. Jurisdictional tensions exist between local courts and international arbitration, especially regarding enforcement of Sharia-based awards.
4. Case Studies & Precedents
   Examples from ADGM, DIFC, and SCCA show how Islamic finance disputes are resolved. Recent sukuk defaults and restructurings offer practical lessons.
5. Innovations in ADR
   Specialized Sharia arbitration panels and tribunals are emerging. Mediation and hybrid clauses offer culturally aligned and flexible solutions.
6. Practical Guidance
   Practitioners should focus on enforceable Sharia-compliant clauses, forum selection, arbitrator expertise, and managing Sharia expert evidence.
7. Interactive Segment
   A mock arbitration scenario and audience Q&A on real-world challenges.

Speakers:

Sam Karim KC, Gatehouse Chambers
Khaled Moyeed, Gunnercooke
Amel Makhlouf, SOAS Arbitration and Dispute Resolution Centre – London
Umar Oseni, Organisation of Islamic Cooperation Arbitration Centre

Event venue: Sofitel Riyadh Hotel & Convention Centre, 6218 Al Urubah Rd, Ar Rahmaniyyah, Riyadh 12342, Saudi Arabia
Date: Tuesday, 3rd February
Time: 3:30pm – 6:00pm

Register here.