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The Saudi courts approach to enforcement of Foreign Arbitral Awards: A Critical Analysis - Essay Example

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The Saudi courts’ approach to enforcement of Foreign Arbitral Awards: A Critical Analysis Chapter 1 Introduction - the Problem and Scope of the StudyBackground Statement of the Problem and Scope of the Study Research Aims & Objectives Research Motivation Research Approach and Methodology Chapter 2: Key principles of international commercial arbitration and enforcement of foreign awards and the impact of the New York Convention Background International Commercial Arbitration New York Convention Enforcement of International Arbitral Awards Grounds for Non-Enforcement under the New York Convention Question of Incapacity Due Process Conclusion Chapter 3: The Arbitration Law in Saudi Arabia Back…
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The Saudi courts approach to enforcement of Foreign Arbitral Awards: A Critical Analysis
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Download file to see previous pages rative Analysis of Foreign Arbitral Awards in the Gulf Region: A Case of UAE. Framework of Arbitration in UAE Synthesis of the two Jurisdictions Chapter 7: Conclusion Bibliography Chapter 1 Introduction - the Problem and Scope of the Study Background Despite the growing attention around the world on arbitration and its widespread use in recent times, it is not simply a modern method of settling disputes. In fact, historical records show that one of the oldest arbitration awards was given in connection with a commercial dispute in Iraq written in the Sumerian language.1 As well, arbitration was well known to the ancient Egyptians and the Greeks, who knew the arbitration agreement before the conflict occurred between the parties. As for the Romans, arbitration proceedings that were applied in that era are similar, to a large extent, to those known today. These similarities extend even to the role played by the arbitrator. In the time of the Arabs before Islam, arbitration was the only way to settle disputes2. The concept of Suhl was practiced in pre-Islamic Arab societies and it is on record that before his calling, the Prophet of Islam worked as an Arbitrator3. At that time, the award was not binding and its implementation depended on the will of the parties. However, after Islam and the emergence of Islamic civilization, the judiciary became the official authority for settling disputes. Arbitration was no longer viewed as the only road to resolution.4 There are many pitfalls to the arbitration process in the international context. Most of these problems relate to the lack of a unified system in dealing with matters consistently along different legal systems. The Kingdom of Saudi Arabia has faced a lot of challenges in balancing its unique Islamic judicial system with international arbitration systems. Contrary to other legal systems, the Saudi judiciary is ran by Islamic laws which are significantly different from modern legal systems. Islamic law (or Shari’a law, as it is popularly known) derives its legal competence from three sources: the Quran, Hadith, and legislation (or individual opinion of Islamic scholars based on the first two sources).5 Arbitration can make a difference in the governance of the international system6. It can make it work better, reduce conflicts, and foster closer relationships and international understanding7. However, the only way to demonstrate that an alternative dispute resolution system actually works is by examining the enforcement rate of decisions taken by that system8. It must be determined whether states respect and enforce arbitral awards. This determines how effective that legal system ...Download file to see next pagesRead More
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