Religious Influences Over Arbitral Proceedings: Personalising or Jeopardising Justice?

Patricia Easteal (ed.), Justice Connections (2013, Cambridge Scholars Publishing, UK)

24 Pages Posted: 7 Jan 2014

See all articles by Dalma Demeter

Dalma Demeter

University of Canberra - School of Law

Thilini Perera

Independent

Date Written: April 1, 2013

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

Suggested Citation

Demeter, Dalma and Perera, Thilini, Religious Influences Over Arbitral Proceedings: Personalising or Jeopardising Justice? (April 1, 2013). Patricia Easteal (ed.), Justice Connections (2013, Cambridge Scholars Publishing, UK), Available at SSRN: https://ssrn.com/abstract=2365144

Dalma Demeter (Contact Author)

University of Canberra - School of Law ( email )

Australia

Thilini Perera

Independent ( email )

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