Publication:
Dispute Resolution In The Restructuring Of Defaulted Sukuk: An Empirical Investigation In Malaysia

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Date

2020

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International Journal of Innovation, Creativity and Change (IJICC)

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Abstract

The objective of the study is to empirically investigate the dispute resolution in the restructuring of defaulted corporate sukuk in Malaysia. Under Malaysia law system, the disputing parties may resolve their business dispute through the court or various Alternative Dispute Resolution (ADR) mechanisms. ADR includes negotiation, mediation and arbitration mechanisms. The finding suggests that the disputing parties may utilise a combination of dispute resolution mechanisms to restructure the defaulted sukuk. The negotiation tends to be used as the first option, followed by the court trial or mediation. The finding implies that the disputing parties should consider any possible dispute resolution method under the jurisdiction where a sukuk is structured to resolve the defaulted sukuk

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Volume: 11 Issue 11

Keywords

Sukuk default ,Sukuk restructuring ,Dispute resolution in Islamic Finance.

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