CULTURAL BARRIERS TO ADR SUCCESS IN CROSS-BORDER COMMERCIAL DISPUTES: A FOCUS ON ISLAMIC AND WESTERN LEGAL TRADITIONS

Abstract

This research examines the increasing necessity to examine cultural barriers that impact the success of Alternative Dispute Resolution (ADR) in inter-border commercial conflicts between the Islamic and Western legal traditions. With the process of globalization, people remarkably integrate various legal systems, and when strong cultural differences exist, it is more difficult to reconcile conflicts with relative ease and efficiency. At the same time, when the parties to ADR come from different backgrounds, Islamic and Western values, rules of law, methods of law application, and dispute settlement are very variances. These factors of difference can cause confusion and conflict in efforts to arrive at reasonable/ lasting agreements. Using a qualitative approach, the research tries to explore this matter. It integrates comparison of case studies and detailed document analysis on journals, arbitration awards, and rules of institutions. The research also leverages semi-structured interviews conducted among ADR professionals, legal scholars, and cultural experts. This combination of sources aids in establishing a proper image of the way culture influences dispute resolution. The data provides lots of details regarding the variety of ways that culture defines the process and outcome of ADR. From the findings, cultural barriers exist at three major levels. philosophical, procedural, and relational. For instance, collective values are usually the object of attention in Islamic traditions; however, individual rights are preferred in Western systems. The Islamic ADR could be based on religious principles, while the Western ones are typically secular and rights-oriented. The research calls for a critical need for culturally aware approaches towards ADR. It suggests the development of hybrid procedures, both of the traditions, the provision of cultural competence training for ADR actors and institutions, and refinement to be more responsive to the needs of varied parties. Considering that “deep culture” [ (a concept introduced from Hall’s Iceberg Culture Model)]has been the focus, the research is both conceptually and practically useful. It has the prospect of making cross-border ADR fairer and more effective in today’s global business environment.

Keywords: Culture, Traditions, Cross-border, Disputes, Hybrid