An Introduction to Arbitration in the Middle East

By Richard Harding¹

Following a dispute between them, the Caliph of the Muslims and an ordinary man chose to have their differences determined by an arbitrator and went to see him. When they arrived, the arbitrator, very astonished, came to greet them and asked the Caliph why he had not requested him to come to the Caliph, instead of the Caliph coming to him. The Caliph replied that one must go to the arbitrator to consult him. The arbitrator then invited them to enter and offered a cushion to the Caliph. However, the latter refused it and said that this was the first act of bias on the part of the arbitrator. (Mabsut: The Imam As-Sarsafi)

Every country has its own courts and judges, so why bother with a different form of dispute resolution? In many parts of the Middle East, arbitration is seen as unfamiliar and unnecessary. However, in commercial matters, arbitration has a number of important advantages over court proceedings. In particular, the parties can