Reconciling Islamic and international contract laws
This seminar covers new research exploring the compatibility between the UN Convention on Contracts for the International Sale of Goods and Islamic law, aiming to encourage increased engagement from Muslim nations.
On August 21 2023, Saudi Arabia made a public declaration expressing its intent to join the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Notably, this declaration includes a reservation that would excuse Saudi Arabian organisations or government bodies from applying or receiving interest payments on overdue amounts, consistent with the nation’s administration of Sharia (Islamic) law.
This development underscores the imperative need for a thorough examination of the compatibility between the CISG and Islamic law.
In their recent research, A/Prof Lisa Spagnolo and Dr Maria Bhatti analyse how interest (riba) prohibitions operate in Muslim-majority jurisdictions influenced by Islamic law, and consider the interpretation of interest obligations within the CISG to determine whether these seemingly competing positions can be reconciled.
Speakers
Dr Maria Bhatti, School of Law, Western Sydney University
Dr Bhatti is a lecturer with the School of Law at Western Sydney University, specialising in the field of religion and the law. She examines the relationship between religious and secular legal systems, as well as the influence of religion on society and its connection with law. Dr. Bhatti brings a unique perspective to international comparative law, examining how different legal frameworks approach religious matters.
She holds Bachelor and Master of Laws degrees from the University of Melbourne, focusing her master's thesis on Islamic finance taxation, earning a prestigious National Australia Bank scholarship. Dr. Bhatti obtained her PhD at Monash University, examining the relationship between religious and secular law in international commercial arbitration. She wrote Islamic Law and International Commercial Arbitration," which received the Emeritus Professor H. P. Lee Student's Publication Prize from Monash University.
Associate Professor Lisa Spagnolo, Macquarie Law School, Macquarie University
A/Prof Spagnolo was educated at Deakin University (BCom [Dean’s List, Bowater Prize] and LLB [Supreme Court Prize and Supreme Court Exhibition Prize] and Monash University (PhD [Mollie Holman Medallist]).
Previously a practitioner at Minter Ellison, and the Faculty of Law at Monash University, she specialises in domestic and comparative contract law, uniform commercial law instruments, choice of law, Islamic finance, geographical indications, property law and advocacy. Her research often takes an interdisciplinary approach, ranging from impacts of socio-political trends in development of law, law and economics, behavioural economics and statistical analysis, to utilising historical, scientific and technical material to shed light on the impacts of law in the real world, and to suggest new interpretations of law.
A/Prof Spagnolo has published with Kluwer, Cambridge University Press, Federation Press, Beck/Hart/Nomos and Elgar, with many works cited by judges and government reports including reports by the England and Wales Law Commission, Hong Kong Department of Justice and Australian Attorney-General’s Department.
She was expert advisor to the New York State Bar Association, Rapporteur for CISG Advisory Council Opinion No 16, is a founder and Fellow of the UN Coordination Committee of Australia, has consulted for law firms and UNCITRAL, and is currently a chief investigator on an ARC Linkage Grant and CLOUT National Correspondent for Australia.
Host
Dr Ben Hayward, Monash Business School
Dr Hayward is a legal academic working in the Department of Business Law and Taxation. His PhD studies related to private international law in international commercial arbitration in the Faculty of Law at Monash University - with his research now published by Oxford University Press (in the Oxford Private International Law Series) as Conflict of Laws and Arbitral Discretion: The Closest Connection Test. Dr Hayward is admitted to practice as an Australian Lawyer in the Supreme Court of Victoria.
Dr Hayward has published on a range of private law and public law topics in Australian and international journals, and has presented his research at conferences in Australia and beyond.
Dr Hayward has also given guest lectures on topics relating to his teaching and research interests at Australian universities, and was recognised by the award of the Monash Business School's 2020 Dean's Award for Excellence in Research by an Early Career Researcher. He is currently General Editor of The ACICA Review, a biannual publication of the Australian Centre for International Commercial Arbitration.
Event Details
- Date:
- 2 November 2023 at 3:00 pm – 4:00 pm
- Venue:
- Online - Zoom
- Categories:
- Business Law and Taxation; General
Description
This seminar covers new research exploring the compatibility between the UN Convention on Contracts for the International Sale of Goods and Islamic law, aiming to encourage increased engagement from Muslim nations.
On August 21 2023, Saudi Arabia made a public declaration expressing its intent to join the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Notably, this declaration includes a reservation that would excuse Saudi Arabian organisations or government bodies from applying or receiving interest payments on overdue amounts, consistent with the nation’s administration of Sharia (Islamic) law.
This development underscores the imperative need for a thorough examination of the compatibility between the CISG and Islamic law.
In their recent research, A/Prof Lisa Spagnolo and Dr Maria Bhatti analyse how interest (riba) prohibitions operate in Muslim-majority jurisdictions influenced by Islamic law, and consider the interpretation of interest obligations within the CISG to determine whether these seemingly competing positions can be reconciled.
Speakers
Dr Maria Bhatti, School of Law, Western Sydney University
Dr Bhatti is a lecturer with the School of Law at Western Sydney University, specialising in the field of religion and the law. She examines the relationship between religious and secular legal systems, as well as the influence of religion on society and its connection with law. Dr. Bhatti brings a unique perspective to international comparative law, examining how different legal frameworks approach religious matters.
She holds Bachelor and Master of Laws degrees from the University of Melbourne, focusing her master's thesis on Islamic finance taxation, earning a prestigious National Australia Bank scholarship. Dr. Bhatti obtained her PhD at Monash University, examining the relationship between religious and secular law in international commercial arbitration. She wrote Islamic Law and International Commercial Arbitration," which received the Emeritus Professor H. P. Lee Student's Publication Prize from Monash University.
Associate Professor Lisa Spagnolo, Macquarie Law School, Macquarie University
A/Prof Spagnolo was educated at Deakin University (BCom [Dean’s List, Bowater Prize] and LLB [Supreme Court Prize and Supreme Court Exhibition Prize] and Monash University (PhD [Mollie Holman Medallist]).
Previously a practitioner at Minter Ellison, and the Faculty of Law at Monash University, she specialises in domestic and comparative contract law, uniform commercial law instruments, choice of law, Islamic finance, geographical indications, property law and advocacy. Her research often takes an interdisciplinary approach, ranging from impacts of socio-political trends in development of law, law and economics, behavioural economics and statistical analysis, to utilising historical, scientific and technical material to shed light on the impacts of law in the real world, and to suggest new interpretations of law.
A/Prof Spagnolo has published with Kluwer, Cambridge University Press, Federation Press, Beck/Hart/Nomos and Elgar, with many works cited by judges and government reports including reports by the England and Wales Law Commission, Hong Kong Department of Justice and Australian Attorney-General’s Department.
She was expert advisor to the New York State Bar Association, Rapporteur for CISG Advisory Council Opinion No 16, is a founder and Fellow of the UN Coordination Committee of Australia, has consulted for law firms and UNCITRAL, and is currently a chief investigator on an ARC Linkage Grant and CLOUT National Correspondent for Australia.
Host
Dr Ben Hayward, Monash Business School
Dr Hayward is a legal academic working in the Department of Business Law and Taxation. His PhD studies related to private international law in international commercial arbitration in the Faculty of Law at Monash University - with his research now published by Oxford University Press (in the Oxford Private International Law Series) as Conflict of Laws and Arbitral Discretion: The Closest Connection Test. Dr Hayward is admitted to practice as an Australian Lawyer in the Supreme Court of Victoria.
Dr Hayward has published on a range of private law and public law topics in Australian and international journals, and has presented his research at conferences in Australia and beyond.
Dr Hayward has also given guest lectures on topics relating to his teaching and research interests at Australian universities, and was recognised by the award of the Monash Business School's 2020 Dean's Award for Excellence in Research by an Early Career Researcher. He is currently General Editor of The ACICA Review, a biannual publication of the Australian Centre for International Commercial Arbitration.