A Critical Analysis of the Legal Problems associated with Recognition and Enforcement of Arbitral Awards in Saudi Arabia: Will the New Saudi Arbitration Law (2012) Resolve the Main Legal Problems?
The thesis critically analyses the legal problems associated with the recognition and enforcement of domestic and foreign arbitral awards in Saudi Arabia. The aim is to illuminate whether or not the new Saudi Arbitration Law 2012 (SAL) and the new Enforcement Law 2012 (SEL) will be able to resolve these problems.
In the thesis, we investigate the reasons for the problems with regard to the SAL 1983, and then discuss the SAL 2012 in terms of the possibility of resolving such problems. Moreover, the study includes a semi-comparative study in the light of Sharia Law and international practice. The thesis deals with Saudi judicial practices by looking at a significant number of Saudi judicial cases that relate to the enforcement of arbitral awards. This is what enhances the view that the thesis will make an effective contribution to the field of arbitration.
A number of legal problems, such as the lack of identification of the limited grounds for a challenge, the competent court to decide such a challenge, the arbitration having the authority of res judicata, and the potency of the competent court to review the merits of the dispute, should all be considered due to their negative impact on the enforcement process.
In this thesis, we have concluded that the new SAL 2012 and SEL 2012 can cope with and resolve many of the legal dilemmas associated with the matter of the enforcement of arbitral awards. These new pieces of legislation will be able, to some extent, to reassure and comfort national and international parties without violating Sharia law. However, some potential legal obstacles may emerge in terms of the enforcement process as it relates to arbitral awards. Therefore, the author of the thesis believes that the level of satisfaction may not be as much as is hoped for
