An arbitration agreement was entered into by the heirs of a wealthy Saudi by which they submitted a dispute as to their late father’s estate to a named arbitrator.
Held: That agreement was probably governed by either Sharia law or such law as modified by the law of Saudi Arabia, and that Islamic or Sharia law was to be regarded as a branch of foreign law. In the circumstances of the case ‘it seems to me very likely that the applicable law of the agreement is either Shari’a law or such law modified by Saudi law.
For these purposes I regard Islamic or Shari’a law as a branch of foreign law’.
Rix J
[1999] I Lloyd’s Rep 923
England and Wales
Cited by:
Cited – Halpern and Another v Halpern and others ComC 24-Mar-2006
The deceased parents, being orthodox Jews, had first made standard wills and then made provision accoding to Jewish law. A dispute after the second death was referred to a Beth Din arbitration. After an initial resolution, various distributions were . .
Cited – Halpern and others v Halpern and Another (No 2) CA 3-Apr-2007
The parties had settled by compromise a dispute about the implementation of a will before the Beth Din. It was now said that the compromise agreement had been entered into under duress and was unenforceable. The defendant said that rescission could . .
Lists of cited by and citing cases may be incomplete.
Arbitration
Updated: 18 January 2022; Ref: scu.239601