Browsing by Author "AHMED ALSHATIR QAED ALSIRHANI"

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The Legal Reforms made by Saudi Arabia in Response to WTO Initiatives
(Saudi Digital Library) AHMED ALSHATIR QAED ALSIRHANI; pro. Kofi
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The Refusal of Foreign Arbitral Awards in Saudi Arabia on the Grounds of Public Policy – An Issue of Fairness and Justice
(Saudi Digital Library) AHMED ALSHATIR QAED ALSIRHANI; Matt Harvey
Abstract Saudi Arabia ratified the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) in 1993 and since then enforcement has been difficult. The Board of Grievances, the sole authority with the responsibility of enforcing the foreign arbitral awards considers the convention to be in conflict with the public policy because it is not attuned to Shari’a law principles. Moreover, the New York convention allows for refusal of a foreign arbitral award under a number of conditions which include not allowing the award if it conflicts with Saudi law or if the award conflicts with Saudi Arabian public policy. Public policy is on three levels in Saudi Arabia, namely; domestic public policy, international and transnational public policies which may be used as ground for refusal of enforcement and recognition of foreign arbitral awards. The use of all the three levels of public policy is still debatable . The present study focuses on public policy as viable grounds for refusal of enforcement and recognition of foreign arbitral awards in Saudi Arabia and whether or not they are justified. The main aim of this research is to investigate the use of public policy as viable grounds for the refusal of recognizing foreign arbitral awards in Saudi Arabia and the associated justifications for doing so and whether or not justice and fairness is provided to a recipient of an international arbitral award. Moreover, this justice is considered in the context of the Islamic principles of public policy and whether such refusals are based on genuine concerns about Islam or refused for other motives, using public policy as a cover.
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