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E-arbitration as an alternative dispute resolution mechanism in Islamic banking disputes in Malaysia

Malaysia applies traditional arbitration as one of the mechanisms to resolve Islamic banking disputes. However, many opined that traditional arbitration is riddled with problems that need a prompt intervention. By adopting a doctrinal research method, this thesis examines the possibility of introduc...

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Main Author: Labanieh, Mohamad Fateh
Format: Thesis
Language:English
English
Published: 2021
Subjects:
HG Finance
Online Access:https://etd.uum.edu.my/9728/1/s902440_01.pdf
https://etd.uum.edu.my/9728/2/s902440_02.pdf
https://etd.uum.edu.my/9728/
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spelling my.uum.etd.97282024-07-22T08:17:46Z https://etd.uum.edu.my/9728/ E-arbitration as an alternative dispute resolution mechanism in Islamic banking disputes in Malaysia Labanieh, Mohamad Fateh HG Finance Malaysia applies traditional arbitration as one of the mechanisms to resolve Islamic banking disputes. However, many opined that traditional arbitration is riddled with problems that need a prompt intervention. By adopting a doctrinal research method, this thesis examines the possibility of introducing electronic arbitration or e-arbitration as an alternative mechanism to overcome the problems in the traditional arbitration. Therefore, in the context of Islamic banking dispute resolution in Malaysia, this thesis seeks to examine the challenges with traditional arbitration, to analyse the legal and non-legal requirements in establishing e-arbitration, and to recommend the implementation of e-arbitration in the Islamic banking industry in Malaysia. The data was collected through the library-based approach and semi-structured interviews with lawyers, academicians, arbitrators, and a chief executive officer. Several methods of data analysis, such as critical, analytical and content analysis, were employed in analysing the data. The thesis began with the proposition that e-arbitration can be an alternative dispute resolution mechanism for Islamic banking disputes in Malaysia. The findings reveal that traditional arbitration is not fully effective and efficient in resolving Islamic banking disputes in Malaysia because of its inherent legal and nonlegal challenges. Despite this, the establishment of e-arbitration in Malaysia is fraught with many foreseeable problems as current arbitration framework does not accommodate e-arbitration. The idea of implementing e-arbitration is, however, not far-fetched. It requires some improvement to the current legal framework especially to the Arbitration Act 2005 (Act 646) and AIAC I-Arbitration Rules 2018 as well as to the non-legal aspect of e-arbitration such as the need for ensuring security and providing sufficient training. A legal framework for e-arbitration is, therefore suggested after taking into considerations the necessary improvements and requirements. This thesis also provides an e-arbitration model that illustrates the procedures required to resolve the Islamic banking disputes in Malaysia. The thesis concludes that e-arbitration is capable of addressing some major problems in traditional arbitration, along with the ability to offer new advantages to the Islamic banking disputants in Malaysia. Therefore, e-arbitration should be considered as one of the mechanisms in resolving Islamic Banking disputes in Malaysia. 2021 Thesis NonPeerReviewed text en https://etd.uum.edu.my/9728/1/s902440_01.pdf text en https://etd.uum.edu.my/9728/2/s902440_02.pdf Labanieh, Mohamad Fateh (2021) E-arbitration as an alternative dispute resolution mechanism in Islamic banking disputes in Malaysia. Doctoral thesis, Universiti Utara Malaysia.
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Electronic Theses
url_provider http://etd.uum.edu.my/
language English
English
topic HG Finance
spellingShingle HG Finance
Labanieh, Mohamad Fateh
E-arbitration as an alternative dispute resolution mechanism in Islamic banking disputes in Malaysia
description Malaysia applies traditional arbitration as one of the mechanisms to resolve Islamic banking disputes. However, many opined that traditional arbitration is riddled with problems that need a prompt intervention. By adopting a doctrinal research method, this thesis examines the possibility of introducing electronic arbitration or e-arbitration as an alternative mechanism to overcome the problems in the traditional arbitration. Therefore, in the context of Islamic banking dispute resolution in Malaysia, this thesis seeks to examine the challenges with traditional arbitration, to analyse the legal and non-legal requirements in establishing e-arbitration, and to recommend the implementation of e-arbitration in the Islamic banking industry in Malaysia. The data was collected through the library-based approach and semi-structured interviews with lawyers, academicians, arbitrators, and a chief executive officer. Several methods of data analysis, such as critical, analytical and content analysis, were employed in analysing the data. The thesis began with the proposition that e-arbitration can be an alternative dispute resolution mechanism for Islamic banking disputes in Malaysia. The findings reveal that traditional arbitration is not fully effective and efficient in resolving Islamic banking disputes in Malaysia because of its inherent legal and nonlegal challenges. Despite this, the establishment of e-arbitration in Malaysia is fraught with many foreseeable problems as current arbitration framework does not accommodate e-arbitration. The idea of implementing e-arbitration is, however, not far-fetched. It requires some improvement to the current legal framework especially to the Arbitration Act 2005 (Act 646) and AIAC I-Arbitration Rules 2018 as well as to the non-legal aspect of e-arbitration such as the need for ensuring security and providing sufficient training. A legal framework for e-arbitration is, therefore suggested after taking into considerations the necessary improvements and requirements. This thesis also provides an e-arbitration model that illustrates the procedures required to resolve the Islamic banking disputes in Malaysia. The thesis concludes that e-arbitration is capable of addressing some major problems in traditional arbitration, along with the ability to offer new advantages to the Islamic banking disputants in Malaysia. Therefore, e-arbitration should be considered as one of the mechanisms in resolving Islamic Banking disputes in Malaysia.
format Thesis
author Labanieh, Mohamad Fateh
author_facet Labanieh, Mohamad Fateh
author_sort Labanieh, Mohamad Fateh
title E-arbitration as an alternative dispute resolution mechanism in Islamic banking disputes in Malaysia
title_short E-arbitration as an alternative dispute resolution mechanism in Islamic banking disputes in Malaysia
title_full E-arbitration as an alternative dispute resolution mechanism in Islamic banking disputes in Malaysia
title_fullStr E-arbitration as an alternative dispute resolution mechanism in Islamic banking disputes in Malaysia
title_full_unstemmed E-arbitration as an alternative dispute resolution mechanism in Islamic banking disputes in Malaysia
title_sort e-arbitration as an alternative dispute resolution mechanism in islamic banking disputes in malaysia
publishDate 2021
url https://etd.uum.edu.my/9728/1/s902440_01.pdf
https://etd.uum.edu.my/9728/2/s902440_02.pdf
https://etd.uum.edu.my/9728/
_version_ 1805892972343984128
score 13.211869

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