The recognition and enforcement of foreign arbitral awards in Saudi Arabia : an examination of the function of article (V) of the 1958 New York Convention in the Saudi legal order

Almuhaidb, Yasser

Abstract

[From the introduction:] This thesis argues that Art. V (2) (b) of the NYC, which states that recognition and enforcement may be refused by a competent authority if enforcement of the awards would be contrary to the public policy of the country in question, will mean that any foreign awards contrary to Islamic principles will not be enforced in Saudi Arabia, due to the Kingdom's strict adherence to Shari'ah. Furthermore, it argues that Article V (2)(b) of the NYC provides a safe harbour wherein Saudi Arabia does not have to recognize a non-Saudi Arabian award that is contrary to its public policy. Article V(b)(2) allows Saudi Arabia to embrace the international community and its rules for international dispute resolution and enforcement, without rejecting its own history and public policy. However, Saudi Arabia's apparent negative attitude towards enforcement of foreign awards is based, to a large extent, upon the conflict between the spirit of the NYC and Shari'ah rules applied in Saudi Arabia.

In arguing this thesis, this study proceeds from the hypotheses that the enforcement of foreign awards in Saudi Arabia is impossible or at least extremely difficult, even after the county’s adherence to the NYC in 1994. Saudi Arabia's adoption of NYC remains consistent with its historical resistance to treaties on international arbitration. One possible explanation for such an attitude on the part of Saudi Arabia is seen in its persistent protection patterns perpetuated by key KSA authorities, especially with regard to resistance in internationalizing trade related to oil exploration and production.

Citation

Almuhaidb, Y. (2013). The recognition and enforcement of foreign arbitral awards in Saudi Arabia : an examination of the function of article (V) of the 1958 New York Convention in the Saudi legal order. (Thesis). University of Hull. Retrieved from https://hull-repository.worktribe.com/output/4215214

• Thesis Type: Thesis
• Deposit Date: Feb 19, 2014
• Publicly Available Date: Feb 23, 2023
• Keywords: Law
• Public URL: https://hull-repository.worktribe.com/output/4215214
• Additional Information: Law School, The University of Hull
• Award Date: Oct 1, 2013