Study Of Arbitration Of Islamic Countries In Middle East

Since the "one belt and one road" initiative was put into operation,the trade between Chinese enterprises and the countries along the border has become more and more close.The "one belt and one road" basically covers the whole Middle East region,and the investment of Chinese commercial entities in the Middle East is increasing.How to solve the commercial disputes between the Chinese commercial party and the Middle East muslim has become a real problem.Because of the serious corruption and inefficiency of the courts in Middle East countries,arbitration is more favored by both parties.Commercial arbitration in Middle East countries was deeply influenced by Islamic law in the early stage,which had strong religious color and was extremely exclusive to the western modern arbitration system.However,under the impact of western law,many Middle East Islamic countries began to follow the UNCITRAL Model Law on International Commercial Arbitration to formulate their own arbitration law.Their arbitration system has gradually begun to integrate with the modern arbitration system,thus bringing convenience to the parties when they choose to apply the Middle East Islamic countries' commercial arbitration to settle disputes.Since the modernization process of the legal system in the Middle East countries is still based on maintaining the authoritative status of Islamic law,compared with the modern arbitration system,there are still many differences in the commercial arbitration system of Middle East Islamic countries.Oral arbitration agreements are not necessarily invalid.Arbitrators should not only have professional qualities,but also be male Muslims or need to be familiar with the sharia law.The court interferes too much in arbitration so that the arbitration is not the "final decision".When the parties request the Middle East countries to recognize and enforce foreign arbitral awards,the court will still invoke public order to refuse to enforce arbitral awards.To some extent,these special legal rules above will affect Chinese commercial parties choosing the commercial arbitration of Islamic countries in the Middle East.When Chinese commercial parties choose to apply the commercial arbitration of Islamic countries in the Middle East to settle commercial disputes with Muslims in the Middle East,they need to be more cautious.They should carefully choose the arbitrators and the applicable law for substantive issues in the arbitration process.Chinese commercial parties can also reasonably avoid the application of commercial arbitration of Middle East countries,by choosing international arbitration institutions in the Middle East region or changing other ways to settle disputes.In addition,in the process of implementing the "one belt and one road" initiative,the establishment of the "one belt and one road" commercial dispute settlement mechanism provides a more professional,efficient and diversified dispute resolution for both parties.