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The authoritative tribunal for the settlement of banking and financial disputes in most jurisdictions is the civil law court. However, the practices of the civil law court are repugnant to Islamic Commercial law and its judges lack the appropriate knowledgeable. More so, the jurisdiction of the...
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The Alternative Dispute Resolution procedure provides an amicable settlement mechanism with the assistance of independent or so-called neutral professionals to resolve conflicts between the contracting parties. Alternative dispute resolution has become increasingly relevant in today’s world,...
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Blockchain-based distributed ledgers (“Blockchain Ledgers”) provide an immutable, secure, and tamper evident alternative to conventional transactional modalities, one which also yields enhanced accountability, traceability, and transparency. The inherent benefits, and hence growing adoption...
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This paper examines the UK Unfair Terms in Consumer Contracts Regulations (UTCCR)'s prohibition on clauses in consumer contracts that mandate dispute settlement in an arbitration tribunal as potentially unfair and oppressive as against consumers because it denies their right to civil...
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