The rules of procedure of commercial arbitration in the Kingdom of Saudi Arabia (comparative study)

Abuhimed, Fahad Ahmed Mohammed

Abstract

This thesis is about solely the Saudi arbitration regulation (1983) and its implementation rules of 1985. It examines several fundamental questions: are the rules of procedure provided by the 1983 Regulations appropriate to the developments that have occurred in the area of international commercial arbitration in the period following their adoption? Or are they considered outdated? Do those rules of procedure provide the flexibility necessary to meet the complexity usually involved in commercial disputes? What do foreign companies think of the 1983 Regulations? Do the 1983 Regulations require any adjustment? The thesis is intended to provide guidance to legislatures in their regulatory efforts and assist local courts and judges in developing an arbitration culture.

This first chapter consists of the general introduction. Chapter two provides general background on the nature of international commercial arbitration from one side and concept in Sharia from the other side. Chapter three demonstrates the status of arbitration in Saudi Arabia from the establishment of the Kingdom up to the issue of the Arbitration Regulation.

Chapters four, five and six analyse and compare the UNCITRAL Model Law and some other national arbitration laws with the position in KSA in the light of the Arbitration Regulation of 1983 and its Implementation of 1985. Chapter four focuses on arbitration agreements, addressing the validity of the arbitration agreement. Chapter five deals exclusively with all issues related to the arbitrator: numbers, method of appointments and qualifications. This chapter moves on to discuss dismissing and challenging the arbitrator. Fees and expenses are also considered. Chapter six is devoted to arbitral awards: deliberation, use of vote, time limits, awards in writing, language, place, date, reasons and signature of the award, registration of the arbitral award and its notification to the Parties to the dispute. Correction and interpretation of the award are also discussed. Essential aspects of challenge are examined: reason, method, time limit and the procedure of challenge. Finally, recognition and enforcement of the arbitral award are discussed, concentrating on the role of the international conventions and the rules of arbitration concerning the recognition and enforcement.

Chapter Seven contains the conclusions to the whole thesis and Recommendations.

Citation

Abuhimed, F. A. M. The rules of procedure of commercial arbitration in the Kingdom of Saudi Arabia (comparative study). (Thesis). University of Hull. https://hull-repository.worktribe.com/output/4213994

• Thesis Type: Thesis
• Deposit Date: Mar 25, 2013
• Publicly Available Date: Feb 22, 2023
• Keywords: Law
• Public URL: https://hull-repository.worktribe.com/output/4213994
• Additional Information: Law School, The University of Hull
• Award Date: Jun 1, 2006