Saudi Cultural Missions Theses & Dissertations
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Item Restricted A Comparative Study of the Legislation governing Arbitration in Saudi Arabia and English Law(University of Leicester, 2024) Aldosari, Mohammed; Ahmed, MasoodArbitration has become one of the most attractive methods of dispute resolution between two parties to resolve disputes. This is an alternative to litigation, which is more costly and can take longer to resolve. As a substitute means to resolve international commercial disputes, arbitration has grown significantly, particularly at the international level. Although, parties in certain situation agreed to involve national courts in order to enforce foreign awards; however, it also undermine the party autonomy mechanism. This study investigates the fundamental characteristics of international commercial arbitration within the national courts and its impact on the autonomy of parties. Further, the study also assess the impact of Saudi Vision 2030 in the arbitration legislations in the Kingdom particularly the national courts involvement and party autonomy. A comparative study between Saudi Arabia and English law was conducted to understand both jurisdictions and explain party autonomy and court involvement in the international arbitration process. The study revealed that both jurisdictions have features and strengths regarding their legislation of arbitration and how it promotes their economy through aligning with the international legal system. However, weaknesses and challenges, particularly in Saudi Arabia. The study revealed that while the Saudi Arbitration Law 2012 promotes party autonomy and limits the courts’ involvement, the laws of arbitration are still influenced by Sharia law, and courts are still involved. To support the country’s national development plan, such as Saudi Vision 2030, there is a need to improve the prospect of court involvement and party autonomy and limit the influence of Sharia law. From the study’s findings, there are recommendations suggested to improve Saudi arbitration law and mechanism, which include establishing a Quasi-judicial committee, learning from the arbitration law of England and Wales, employing a hybrid court and arbitration model, and limiting judges’ capacity in arbitration cases. Finally, this research also presented research limitations and future work recommendations.8 0Item Restricted Confidentiality in International Commercial Arbitration: A Comparative Study(University of Leicester, 2024-01-19) Deraan, Muteb; Ahmed, MasoudConfidentiality is a key factor in the arbitration process, as it assists the parties to a dispute in maintaining privacy and overcoming the potential damaging effects of the disclosure of critical information. However, there is no provision in international standards for the arbitration mechanism which relates to confidentiality. Therefore, this research focuses on confidentiality in international commercial arbitration, and, in particular, understanding the role of confidentiality in international commercial arbitration within the context of Saudi Arabia. A comparative study was conducted, which analyzed two jurisdictions (France, and England and Wales) in regard to confidentiality, while considering what the Kingdom of Saudi Arabia (KSA) can learn from these two jurisdictions. It was found that there are no provisions in the law of either jurisdiction regarding confidentiality; it is a duty agreed upon by the parties or decided by the arbitral tribunal. A Law Commission report also suggested that confidentiality should not be included within legislation regarding arbitration, as this will make it more complex, and the matter should remain one for parties to decide in their arbitration proceedings. There were a few recommendations to improve the KSA’s current Saudi Arbitration Law 2012 in terms of providing more flexibility and comfort regarding confidentiality, and also in terms of the need to modernise the legal structure, aligning it with international standards in order to achieve the national development plan Vision 2030. Despite new rules, such as CSSA, providing many changes in international arbitration, these new rules do not address aspects of confidentiality.37 0Item Restricted A Critical Comparative Study of the Investment Law in Saudi Arabia and Egypt(Saudi Digital Library, 2023-11-21) Ramadhan, Lojin; Florou, AikateriniIn the backdrop of evolving global markets, states have increasingly focused on enhancing their foreign investment climate to attract new business prospects and foster economic growth. Over the years, Egypt and Saudi Arabia have demonstrated their strong commitment to economic diversification and willingness to reform their investment regime to meet international investors' growing expectations and requirements. This research paper offers a comprehensive comparative analysis of the investment frameworks in Saudi Arabia and Egypt. In doing so, the research highlights the historical evolution of the investment regimes within these two countries. A crucial aspect of this investigation is the examination of the compatibility of Sharia law with contemporary business requirements. As it will be shown, both states have adeptly navigated the integration of Sharia law into modern legal structures and have devised effective, fair, and transparent legal systems. Furthermore, the research explores Saudi and Egyptian efforts to create favourable investment opportunities. It will be shown that Egypt is more liberal and open to investors than Saudi Arabia. However, Saudi Arabia has been able to codify its investment framework better and provide investors with full information about investment opportunities and incentives openly and transparently. The findings of this study contribute to a broader understanding of effective strategies for attracting foreign investment and providing practical guidance for states seeking to revitalise their investment regimes in line with contemporary economic dynamics.25 0