Theory of International Commercial Arbitration Behind Foreign Corrupted Islamic Investments

Abstract

This article examines the core outlines of commercial arbitration and its relationship with corruption in Islamic investment contracts. It deals with the issue of misuse of arbitration to cover some practices of corruption in such contracts in theory and practice. It answers why commercial arbitration may encourage foreign investors to indulge in corruption regarding Islamic investment contracts for private gains. It also proves how some rules and doctrines of commercial arbitration can be used to supersede the national laws and the jurisdiction of national courts to avoid combating such type of corruption. It examines these facts through some practices of arbitration that illustrate the misuse of arbitration in concluding such contracts.