Conclusion
The trade mark of arbitration is flexibility and party autonomy, whereby parties are able to choose their own arbitrators and the rules and laws to which they agree to be subject.
In this context, parties essentially have the freedom to make choices that will best service their dispute resolution requirements, thus benefitting from one of the most important features and advantages of arbitration: that is, its “user-friendly” nature, which makes it adaptable to suit even the most unconventional expectations of the parties, and thereby satisfying the sometimes unique needs of human nature which do not ordinarily fit well within court systems.Religion, although not often recognised as a source of norms directly regulating international commercial arbitration, may play a significant role in shaping arbitration. Its influences, whether in the form of mandatory rules rooted in religious dogma applicable to a given arbitration, or in the form of personal preferences, may equally personalise arbitration or transform it into a dead end, standing in the way of timely and efficient justice, instead of individualising it. The turning point between these two possible outcomes is a fine line of a fragile balance between general legal principles from the different areas of law involved and arbitration based on party autonomy, freedom of religion, and non-discrimination principles. Legal harmonisation and judicial recognition of individual rights shaping arbitration are constantly refining the international arena of arbitration practice. But whenever the rules of the rest of a legal system are enforced under the flag of equality or religious rights, yet in a manner that annihilates party autonomy, the advantage of arbitration is slowly but certainly diminished and its legal recognition becomes questionable.
Given that the price of these laborious debates being inevitably borne by arbitrating parties in the form of excessive time and costs spent on a final outcome, it is particularly important to have a mutual understanding and respect of the laws and cultural norms relevant to their dispute. Especially in the context of international commercial arbitration conducted in today’s globalised world, the key to the successful resolution of disputes through international arbitration lies in this understanding and mutual respect, making the difference between religion transforming arbitration into a more personalised or a more ponderous dispute resolution mechanism.