I suspect that the contract also specifies that it is to be interpreted and applied and enforced according to Sharia law of the Wahabi school and Saudi Arabian law where the Sharia is not determinative.
While I am far more familiar with much of sharia law than most American lawyers and academics I have met, I am certainly not an expert on it in sucha a way as to be able to apply it to a contract with much confidence and I know even less about the Wahabi school or jurisprudence and even less still about Saudi law. To apply the contract according to the intent of the parties, doesn't the court need to insure that the aribrators know the law that the clause want them to understand. On Jan 3, 2011, at 2:32 PM, Douglas Laycock wrote: > The court could apparently comply with the contract, and avoid all > entanglement iwth religion, by appointing three Saudis. Does anybody see a > problem with that? > > I assume that all Saudis are Muslim, or at least that the percentage is so > high that the odds of appointing a non-Muslim Saudi are negligible. > > > > On Mon, 3 Jan 2011 12:34:05 -0500 > Eric Rassbach <erassb...@becketfund.org> wrote: >> >> Here is the relevant provision (in translation) from the case-link Eugene >> sent around: >> >> The Arbitrator must be a Saudi national or a Moslem foreigner chosen amongst >> the members of the liberal professions or other persons. He may also be >> chosen amongst state officials after agreement of the authority on which he >> depends. Should there be several arbitrators, the Chairman must know the >> Shari'a, commercial laws and the customs in force in the Kingdom. >> >> -- Prof. Steven D. Jamar vox: 202-806-8017 Associate Director, Institute for Intellectual Property and Social Justice http://iipsj.org Howard University School of Law fax: 202-806-8567 http://iipsj.com/SDJ/ "It is by education I learn to do by choice, what other men do by the constraint of fear." Aristotle
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