Arbitration as a means of settling commercial disputes (national and international) with special reference to the Kingdom of Saudi Arabia

Abstract

Arbitration is discussed in this thesis as a means of resolving disputes between private parties. The national arbitration laws of various countries, such as Dutch, French and English laws are discussed as are institutional rules of international arbitration, such as the ICC Arbitration Rules and the UNCITRAL Model Law. The thesis concentrates on the position of the Kingdom of Saudi Arabia according to the Arbitration Regulation of 1983 and its Implementation Rules of 1985.

The thesis is divided into seven chapters. Chapter one gives a general view of the nature and sources of the Saudi legal system and of the institutions of the judiciary, such as the Shari ah Courts, the Board of Grievances and the specialised judicial organs. The periods of the development of arbitration in the Kingdom of Saudi Arabia and the types of arbitration, whether an ad hoc or an institutional arbitration, or a domestic or an international arbitration are discussed in chapter two.

In chapters three to seven, the thesis discusses and compares the position of the national arbitration laws, the international and institutional rules of arbitration, and the position in the Kingdom of Saudi Arabia in the light of the Arbitration Regulation of 1983 and its Implementation Rules of 1985 in respect of the main stages of the arbitral process. Chapter three deals with the arbitration agreement, whether an arbitration clause or a submission agreement, the provisions on the validity of the arbitration agreement, such as agreement in writing, capacity of the parties to the dispute and arbitrability, and the effects of the existence of an arbitration agreement.

Major aspects concerning arbitrators, such as their number, appointment, qualifications, powers, duties. challenge and fees are treated in chapter four. Chapter five is devoted to discussing the main matters relating to the arbitration proceedings, such as commencement of the arbitration proceedings, the law governing these proceedings, place and language of arbitration, representation of the parties to the dispute, the sessions of arbitration, presence and absence of the parties, amiable composition, written statements, evidence, hearings, court assistance and closure of hearings.

Chapter six deals with the arbitral award, such as the way of its making, its types, contents, reasons, signature, registration and notification, correction and interpretation, and finality. Challenge, recognition and enforcement of the arbitral award, whether a national or a foreign award. are discussed in detail in the last chapter of this thesis. The thesis ends with a summary and conclusion containing some recommendations to the Saudi legislator to issue a new arbitration regulation or at least revise and review the provisions of the present Arbitration Regulation and its Implementation Rules for dealing with the recent changes in the commercial sphere and business community.

Finally, the thesis contains in a separate appendix brief details of cases brought to arbitration in the Kingdom of Saudi Arabia since 1986 translated into English.