In general, banks prefer to have judicial system that apply clear rules and have a well established jurisprudence.
Nevertheless, in emerging economy, banks suffer from the lack of understanding of the judicial system of the banks operations. The specificity of the banking contracts are disregarded by judges. Moreover, the Islamic banks systems are totally ignored.
To avoid the risk of the legal and judicial system in the countries of emerging economy, Arbitration becomes a necessity. Then, the advantages of the arbitration should be kept and solutions to disadvantages should be found. The solutions are at three levels: drafting arbitration clause, establishing an institution of arbitration within the Central Bank and given the arbitration awards the same effect of judicial judgments.