Shamil Bank and the wording of a governing-law clause
The 2004 appeal shows why a contractual reference to sharia needs to be read within the court’s account of governing law and incorporation.
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Articles
Case comments, document notes, books and research guides.
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Dallah: who agreed to arbitrate?
The 2010 enforcement dispute concerned the identity of the party bound by an arbitration agreement and the court’s own examination of jurisdiction.
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What IFSB-10 meant by a governance system
The historical 2009 principles describe roles, competence and review. Their publication and their adoption in a jurisdiction are separate events.
Standards noteRead
The asset in infrastructure finance
Lease-based financing becomes more concrete when ownership, use and payment are drawn as separate relationships.
Institutional noteRead
Islamic finance in the IMF’s 2015 overview
A working paper connects financing structures with monetary policy, regulation and stability. Its categories are useful; its historical setting also matters.
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Islamic finance: follow the contract
A label is a starting point. A useful account follows assets, obligations, governing law and the institutions that make a transaction work.
Institutional readingRead