Islamic arbitration system ‘viable’ in PH – Dimaampao

June 23, 2023 Hector Lawas 206 views

SUPREME Court (SC) Associate Justice Japar B. Dimaampao said that the Islamic arbitration system within the Philippine jurisdiction is “legally viable.”

Dimaampao made the disclosure during the Asian International Arbitration Centre Islamic Arbitration Conference, which took place on June 20, 2023, at the prestigious Bangunan Sulaiman in Kuala Lumpur, Malaysia.

During the event, he imparted his legal knowledge and expertise as a distinguished panel speaker.

In the meet’s third session, titled “Finding the Common Ground – Can Islamic Arbitration Survive in Civil and Common Law Jurisdictions?” Dimaampao emphasized the legal viability of the Islamic arbitration system within the Philippine jurisdiction.

He highlighted the recent advancements in domestic Shariah law and the hybrid nature of the country’s legal framework as contributing factors.

Dimaampao also provided an in-depth analysis of Presidential Decree (PD) 1083, commonly known as the Code of Muslim Personal Laws, which specifically established the Agama Arbitration Council in the Philippines. Additionally, he discussed Republic Act (RA) No. 11054, also known as the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).

This legislation aligns with the principles of the Alternative Dispute Resolution Act of 2004, promoting alternative dispute resolution as a means to expedite impartial justice and alleviate the burden on court dockets.

Accompanying Justice Dimaampao on the panel were Jalalullail Othman from Shook Lin & Bok and Fara Mohammad from Keystone Law.

The panel discussion was moderated by Nudrat B. Majeed of Four Gold Road Chambers.