Ismaili.NET - Heritage F.I.E.L.D.

A Letter sent as received. TO
Noordin Nanji Chairman of the Aga Khan International Conciliation & Arbitration Board
Nazmin Kassam Chair of National Conciliation and Arbitration Board UK,
Malik Talib, President of Council of Canada
Amin Mawji President Council UK,
Shafik Sachedina & cc to NCAB, LIF and ICAB

I await your responses regarding especially your unilateral rulings, and not giving the full Ismaili constitution and Farmans.

As you know, the European court has ruled in favour of Mr Hashwani's application (link below). You gave evidence in this case. This case involves a business dispute between two Ismailies. Their arbitration clause provided for Arbitration in London and for all three arbitrators to be “respected members of the Ismaili community and holders of high office within the community”.

“Hashwani said the issues in dispute simply require a suitably qualified lawyer, of any religion, and of his problems of finding an arbitrator from the Ismaili community reinforces this. His lawyer, Sarosh Zaiwalla, says: "This is a commercial dispute which in reality only required an experienced lawyer – there was no question of religion. Hashwani was forced to seek to appoint a non-Ismaili arbitrator because, after 20 years of legal proceedings, that was the only way he could get justice".

Noordin and Nazmin do you blame Hashwani? Mr Nanji, putting yourself in Mr Hashwani’s position, would you have confidence in you (ICAB-NCAB:, Knowing that;

1 You on the one hand say you have no jurisdiction but on the other hand you make rulings in the same case in which you say you have no jurisdiction.
2 you are blocking our constitution, with no dialogue, no mediation, and
3 You are blocking of farmans.
4 You do not do what you say in your own affidavit. You say that while the Ismaili dispute resolution process followed by the CAB System respects the religious principles and values of the community, it is always within the confines of the applicable local law.” Read your affidavit below.

Should you now resign ? You are not doing what you say ? and You are not doing what Hazar Imam says you must do in Farmans and our constitution.

Are you not making a mockery of our ICAB and NCABS saying one thing but doing the very opposite. Thereby do you agree you are also damaging the respect, credibility, image and standing of our community and particularly our national and international conciliation and arbitration Boards. Another example, of what you say in your affidavit but do not do. Do you agree you are not ?

“The primary objective of the CAB System is to assist Ismailis to resolve disputes in an equitable, speedy, confidential, cost effective, amicable and constructive manner and in an environment that is culturally sensitive. Processes are designed to operate in an equitable manner. Moreover, the Boards, whether arbitrating or mediating, are required to operate in accordance with applicable local laws. In arbitrating any dispute, a panel appointed by one of the Boards will apply the national laws applicable to the relevant dispute, not any "religious" law.” Read your affidavit

Re : Affidavit of Noordin Nanji - Chairman of ICAB

You intervened and gave an affidavit as a witness in the case of Jivraj against Hashwani. Mr Nanji why did no other faith based communities join you ? Especially as we are a part of the interfaith dialogue & Why did you favour one side?

Why was ICAB and NCAB not able to finding a respectable and fair Ismaili Arbitrator, when you with Mr M Keshavjee have been spending huge sums of money in training Ismaili arbitrators for well over 12 years !

Are these also not compelling reasons for change and resignations ?

"Some extracts from the witness affidavit of Noordin Nanji in the case between Hashwani v Jivraj

3.2 The 1986 [Ismaili] Constitution established a dispute resolution system whereby Conciliation and Arbitration Boards would operate at both the national and international level. The system operates in 17 jurisdictions around the world. In some countries, notably India and Kenya, the decisions of such Boards, particularly in matrimonial and personal law matters, though reviewable by the courts, are recognised by the law.

3.7 The primary objective of the CAB System is to assist Ismailis to resolve disputes in an equitable, speedy, confidential, cost effective, amicable and constructive manner and in an environment that is culturally sensitive. Processes are designed to operate in an equitable manner. Moreover, the Boards, whether arbitrating or mediating, are required to operate in accordance with applicable local laws. In arbitrating any dispute, a panel appointed by one of the Boards will apply the national laws applicable to the relevant dispute, not any "religious" law.

5.2 Once a dispute arises, it is the practice of the Boards first to attempt to resolve any dispute by way of mediation or conciliation rather than arbitration, even in cases where the parties have referred to arbitration only in their agreement. Rules of Conciliation have been adopted formally by the Boards for disputes resolved by way of conciliation.

5.5 The experience of the Boards is that more than 99% of disputes referred to the Boards are dealt with by way of mediation or conciliation. It is only a handful of cases that are dealt with by way of arbitration.

5.6 It is strongly felt within the community that one of the reasons for this high incidence of mediation and conciliation is the fact that the parties, and indeed the members of the community, have confidence that their rights will not be compromised and that a fair and equitable resolution of their dispute will be achieved through mediation or conciliation by the Boards.

6.6 Muslim ethics, custom and practice strongly encourage the amicable settlement of disputes that may arise in the community between believers. It is recommended that, when a conflict arises between members in the community, attempts should be made to find a peaceful solution either through mediation or impartial conciliation or arbitration between willing parties. Voluntary and impartial conciliation and arbitration for the amicable resolution of disputes is a deeply embedded practice in the Ismaili community going back 14 centuries ... It is from that long tradition that the present CAB System has emerged.

6.8 In essence, it is believed in the Ismaili community, as in the broader Muslim community, that when a problem occurs between brothers, the people around should intervene to solve it, and they should pursue all means in order to make peace between them. That brothers in religion should be willing to forgive each other and to reconcile their disagreements is testified to in a large number of Prophetic traditions, both the Sunni and the Shia, as well as in the traditions of the Shia Imams. For instance, Imam Ali, the first Shia Imam, has said:

"Do not separate yourself from your brother unless you have exhausted every approach in trying to put things right with him. ... Do not be harsh with your brother out of suspicion, and do not separate from him without first having tried to reason with him... Seek reconciliation with your brother, even if he throws dust at you." (The Sayings and Wisdom of Hazrat Ali, published in England, 1994)

6.12 In sum, therefore, the broader Muslim tradition, and specifically the Shia Ismaili Muslim tradition, defines and fosters an ethos for amicable dispute resolution that, unlike the "secular" litigation culture, is non-adversarial. The notion of the winner and the vanquished, where the winner may take all, is completely alien to the teachings of the Ismaili Imams..”