This paper will examine the ways in which a lack of an established substantive law within the Christian faith tradition affects the Christian arbitration process and explore the possible means to address these issues. It will outline the history and functions of Christian tribunals, highlighting the unique space within the justice system that these special tribunals fill. Next, it will discuss the differences between the application of law in tribunals of other religious faith traditions and the application of law in Christian arbitration. This paper will demonstrate how a lack of concrete and applicable law creates issues in the enforceability of an arbitration agreement, the selection and challenge of arbitrators, and the challenge to the awards themselves. Finally, it will outline possible remedies to ensure that Christian arbitration is carried out in a way that honors all parties involved. This paper concludes with a proposal to carefully acknowledge the issues discussed and implement the changes suggested to the field of Christian arbitration.
Blending Scripture and the Law: The Lack of Christian Law and the Dangers it Presents in Christian Arbitration,
20 Pepp. Disp. Resol. L.J.
Available at: https://digitalcommons.pepperdine.edu/drlj/vol20/iss2/4