Should Western Corporations Ban the Use of Shari’a Arbitration Clauses in their Commercial Contracts?

Journal of Business Ethics 132 (3):613-626 (2015)
  Copy   BIBTEX

Abstract

In recent years, there has been an increase in the adoption of Shari’a in Europe and North America as an arbitration protocol for the resolution of potential contractual disputes. In a largely secular Western business environment, this reality raises corporate policy implications for business organizations. In particular, questions are raised about whether Shari’a is by nature too unpredictable—and too dismissive of women’s rights—to be properly and ethically permitted by Western companies as a possible dispute resolution alternative. This article examines the dynamics and factors that are involved as corporate managers decide whether Shari’a arbitration ought to be banned entirely from contractual negotiations. Arguments for and against the inclusion of a Shari’a arbitration clauses in commercial contracts and contract negotiations are presented. The article concludes that while managers should exercise great prudence and consider the moral implications of negotiating arbitration clauses, an organizational ban of the use of faith-informed arbitration generally, or Shari’a in particular, would be neither morally required nor optimally serve the interests of the organization or its stakeholders.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 76,363

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Dissenting and Concurring Opinions in International Investment Arbitration: How the Arbitrators Frame Their Need to Differ. [REVIEW]Ruth Breeze - 2012 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (3):393-413.
Recent Developments in Health Law Contracts: HMO Arbitration Agreements.Bradley G. Rausa - 1997 - Journal of Law, Medicine and Ethics 25 (1):70-78.
Property and the Private in a Sharia System.Brinkley Messick - 2003 - Social Research: An International Quarterly 70 (3):711-734.

Analytics

Added to PP
2015-09-03

Downloads
16 (#669,834)

6 months
1 (#451,398)

Historical graph of downloads
How can I increase my downloads?

Author Profiles

Eun-Jung Katherine Kim
Wayne State University
Albert Spalding
Wayne State University

Citations of this work

Dispute Resolution as an Ethical Phantasm.Bart Jansen - 2021 - Philosophy of Management 20 (3):293-306.

Add more citations