Religious Influences Over Arbitral Proceedings: Personalising or Jeopardising Justice?

Abstract

As members of communities of faith often find arbitration to be a more efficient way of achieving justice than state court litigation, at the cross-road between religious and arbitral procedural norms interesting conflicts can arise. This book chapter examines the influences that religious (most particularly Islamic and Judaic) rules, practices or expectations -- manifested through State law or party autonomy -- can have over arbitration process and the reciprocal limitations imposed by one over the other. The aim of this analysis is to see whether such religious influences affect the efficiency and effectiveness of arbitration, and consequently transform arbitration into a more personalized or a more ponderous dispute resolution mechanism. With no 'black-or-white' answer to the question, the turning point between these two possible outcomes is along a fine line of fragile balance between general legal principles from the different areas of law involved and arbitration based on party autonomy, freedom of religion, and non-discrimination principles.

Keywords: arbitration, arbitral procedure, religion, religious expectations, religious rights, party autonomy, conflict of norms

JEL Classification: K12, K19, K29, K33, K39, K40, K41, K42, K49