Party Autonomy and the Role of the Courts in Saudi Arbitration Law With Reference to the Arbitration Laws in the UK, Egypt and Bahrain and the UNCITRAL Model Law

Abstract

Arbitration plays an effective role in settling commercial disputes. It is indeed the first and oldest means of dispute settlement mankind has ever known. Its importance has shored up the Court System by reducing the burden of backlog of cases. In addition to its wide acceptance as a matter of party autonomy, countries have adopted such a method of dispute settlement in parallel to the existing national judicial system. Saudi Arabia is among the countries that has benefited from arbitration. The new Arbitration law was issued under the Royal Decree Number M/46 dated 12/7/1403 Hejira, - 25 April 1983 Gregorian. Ten years later, the establishment of the Gulf Cooperation Council (GCC) States Commercial Arbitration Center at the GCC meeting in Riyadh was approved. In 1993, Saudi Arabia ratified the New York Convention on Enforcement of Foreign Arbitral Awards 1958 (The New York Convention) and in 2005, joined the World Trade Organization (WTO). This thesis, examines the existence and extent of respect for party autonomy under the current Saudi Arbitration Law with particular reference to Arbitration Agreement, the freedom of parties to choose arbitration as an alternative to dispute resolution in courts under applicable law and tribunal will be examined in the light of best practice, and its compatibility with best practice will also be assessed. It also examines the role of Saudi courts in arbitration. Specifically, the role of the courts at the beginning of arbitration, during the Arbitral proceedings, and after the award has been rendered will be analysed to evaluate whether the Saudi courts support the Arbitral tribunal or intervene in the process. In an attempt to justify the theme of this research, references have been made to the English Arbitration Act 1996, the 1985 UNCITRAL Model Law, and Egyptian Law Concerning Arbitration in Civil and Commercial Matters. Recommendations, related to the party autonomy principle and the role of the courts in arbitration under the current Saudi Arbitration Law, are submitted at the conclusion of this thesis. It is divided into three chapters in addition to an Introduction and Conclusion that includes the Most Important Results that have emerged and the Recommendations.