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Document Type |
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Article In Journal |
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Document Title |
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Legal?Concepts of Saudi?Law of?Arbitration for Settling?Commercial?Disputes within National & International?Spheres المفاهيم القانونية لنظام التحكيم السعودي لتسوية المنازعات التجارية على المستويين المحلى والدولى |
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Subject |
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Systems |
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Document Language |
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Arabic |
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Abstract |
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The Saudi Law of Arbitration comprises rules organizing different phases of
the arbitration, as well as, providing for matters which are susceptible to the settlement
through the channel of arbitration. In addition to the conditions those are essential their
existence in the arbitrators, the way of their nomination, their abdication, as well as, the
arbitral procedures, issuing the award and its implementation. However, the law of
arbitration in a lot of its precepts has been in conduct with the takings of those arbitral laws
in many states. Nonetheless, there are some rules in the law of arbitration, which are totally
in different conduct with the arbitral laws of many states.
Owing to the economic boom that passed it the Kingdom during the seventies and
eighties, it adopted a positive stance from the arbitration that being incarnated in ratifying a
number of international treaties which are pertaining to the implementation of arbitral
awards. Within those treaties, the treaty of the League of Arab States of 1952 that is
pertaining to the implementation of judgements, as well as, Washington Treaty of 1966 that
is pertaining to the settlement of investment disputes between the states and nationals of
other states. Finally, the Treaty of New York of 1958 which deals with the implementation
of foreign arbitral awards.
As far as the implementation of arbitral awards in the Kingdom is concerned, it is
important to note that there is no special law pertaining to the implementation of arbitral
awards. Therefore, the authority of implementation of such awards granted upon the Court
of Grievance and from a practical way foreign arbitral awards are not different from
national arbitral awards, whereas, both are implemented by the Court of Grievance in
conformity with the same procedures. While the implementation of foreign arbitral awards
those are issued in states have no ties concluded with them by the Kingdom pertaining to the
implementation of judgements, the awards executed in conformity with the principle of
reciprocity. |
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ISSN |
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1319-0997 |
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Journal Name |
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Economics and Administration Journal |
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Volume |
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14 |
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Issue Number |
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1 |
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Publishing Year |
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1421 AH
2000 AD |
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Article Type |
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Article |
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Added Date |
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Sunday, October 11, 2009 |
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