International Commercial Arbitration Award Enforcement at the Crossroads of Sharia Law and Ordre Public in the MENA: Paving the Golden Path towards Harmonisation

Mary B. Ayad PhD Candidate, Macquarie University

Abstract

This practical article will bring to light the complex interplay between sharia law and ordre public for foreign investors, European and Arab jurists, judges, arbitrators and scholars who are concerned with higher arbitral award enforcement in the Mena region, particularly in the face of questions related to Islamic law and the controversial debate on ‘ordre public’. The countries chosen are Egypt , Bahrain , Jordan , Tunisia , the United Arab Emirates , hereinafter (Uae), Qatar and Yemen . This article brings forth the latest research in the laws of these countries and current trends and how they intersect with interpretations of Islamic law, particularly in cases where a civil code has been enacted. Recommendations leading to higher award enforcement and reduction of risks to foreign investors will be offered as a result of the comparative analysis of the intersection between sharia and ordre public, particularly in cases evidencing a lacuna that risks leaving sharia open to unfavourable interpretation.