International Islamic Mediation & Arbitration Centre

About the Centre

IMAC conducts mediations and arbitrations, promotes international commercial arbitration, coordinates the region's arbitration activities, assists ad-hoc arbitrations under UNCITRAL Rules, supports the enforcement of arbitral awards and facilitates the settlement of disputes. Proceedings follow UNCITRAL-based rules, modified to incorporate Shariah principles and contemporary institutional practice.

An Arbitration Advisory Board enhances the quality and independence of proceedings — the Director consults the Board on the implementation of rules and the appointment of arbitrators. Its distinguished members are Justice Oussama Ajouz, Dr. Walid El Kusbari and Justice Ann Seffraoui.

Facilities & services

Arbitration and negotiation rooms, legal services, interpretation and translation, notarization, secretarial support, internet access, library and training programs.

Arbitration

Arbitration is the private, judicial determination of a dispute by an independent third party — an alternative to litigation in which the parties control the choice of arbitrator or tribunal. Its tenets: fair resolution by impartial arbitrators without unnecessary cost or delay; freedom for parties to agree on how their dispute is resolved (subject to public-interest safeguards); and limited court interference.

• Commercial arbitration — disputes between business enterprises;
• Consumer arbitration — between consumers and suppliers;
• Labor arbitration — employment disputes (rights and interest arbitration).

Advantages include specialised decision-makers, efficiency, privacy, convenience, flexibility and finality. Parties should weigh arbitrator fees and limited rights of appeal.

Mediation

Mediation is a form of alternative dispute resolution in which parties meet with a neutral third party — the mediator — and mutually arrive at their own resolution. It is typically concluded in months rather than years, completely confidential, and cheaper, faster, more predictable and infinitely more private than litigation. Common matters include international commercial disputes, shareholder and labor disputes, insurance claims, debt collection and warranty disputes. Where mediation does not resolve a dispute, arbitration commonly follows (Med-Arb).

Code of Ethics

Eight articles govern IMAC's mediators and arbitrators: no solicitation of appointments; acceptance only where competence and impartiality are assured; disclosure of any circumstance affecting impartiality; fairness, diligence and non-advocacy; no unilateral communication with parties; no gifts or privileges; no use of confidential information for gain; and utter confidentiality in all matters relating to proceedings, deliberations and awards.