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.10 0Item Restricted Adaptation of Contemporary Disclosure Requirements in Islamic Law: Introducing Pre-Trial Disclosure in Saudi Arabia's Civil Proceedings in Light of English Civil Procedure Rules(University of Sussex, 2024-08) Alharbi, Masoud M Abdulaziz; Craig, Elizabeth; Ghouri, AhmadThis thesis makes the case for the introduction of pre-trial disclosure, specifically standard disclosure, which requires disclosing information in advance of a trial, in civil litigation in Saudi Arabia, considering the experiences under English civil procedure rules. The Saudi legal system is based on Shari’ah (Islamic law), and currently has no specific provisions on pre-trial disclosure. This creates a gap because pre-trial disclosure can be a useful addition to civil procedure in Saudi Arabia to ensure efficiency in dispute resolution. This thesis argues that introduction of pre-trial disclosure, and specifically standard disclosure, in the Saudi civil procedure would be a positive development to help resolve disputes in an efficient manner as such disclosure has produced similar results in England and Wales. It further argues that adaptation of pre-trial disclosure is possible in Islamic law and, therefore, also in Saudi Arabia; and that English law provides a good comparator for such adaptation and possible transplant. The thesis first conducts doctrinal investigations of the foundations of pre-trial disclosure in Saudi Arabia and England and Wales by looking at the underlying legal bases of both legal systems, i.e., Islamic law for Saudi Arabia and common law for England and Wales. The thesis then analyses the system of pre-trial disclosure in England and Wales with a view to its possible transplant to Saudi civil procedure. The analysis in this thesis is based on doctrinal and comparative research methods, focussing on the wider legal contexts of plurality, flexibility, and adaptability of legal systems. Based on the findings concerning the plurality of legal systems in Islamic law, which means that there is a degree of flexibility in Islamic law to adapt to new rules, and the similarities and differences between the civil procedures in Saudi Arabia and England and Wales, this thesis concludes that pre-trial disclosure procedures in England and Wales are compatible with and adaptable in Saudi civil procedure. Indeed, the existing legal plurality within the Saudi legal system, which is supplemented by the flexibility of Islamic law in adapting to new developments, provides opportunities for the introduction of pre-trial disclosure, and specifically standard disclosure, in Saudi Arabia. As the pre-trial disclosure procedures in England and Wales are compatible with Islamic law and the Saudi legal system, they can be easily transplanted into the Saudi civil procedure to bring added efficiency to civil dispute resolution in Saudi Arabia.36 0Item Restricted The Responsibility of Non-Profit Organisations in Saudi Arabia for Terrorism Financing with Reference to Law and Practice in England and Wales.(University of Leeds, 2024-03-05) Alsalmi, Mohammad Abdulrahman; Walker, Clive; O'Reilly, ConorThe Kingdom of Saudi Arabia's (KSA) non-profit (NPO) sector has been implicated in allegations of providing funding to radical Islamic organizations. This association, voiced especially after 9/11, has raised critical questions about the KSA's understanding of, and response to, this risk. This thesis undertakes a comprehensive investigation into the policies, laws, and practices employed within the country to combat terrorism financing (CTF) through NPOs. Beyond assessing the effectiveness of these measures, this research delves into the fairness of the KSA's CTF approach towards NPOs. Addressing these core questions through documentary analysis and fieldwork, the thesis explores the deficiencies and barriers, not only legal but also political, cultural, and structural which hinder the KSA in effectively and fairly countering terrorism financing through NPOs. One of the significant identified factors pertains to the incorporation of Sharia within the KSA's legal system and the inherent challenges it poses for the implementation of CTF procedures. Sharia principles do not explicitly address CTF-related matters and also affect the impact of more recent legislation against CTF. Relying on a legal framework that prioritizes historical norms over contemporary legal requisites can impede efforts, whether in criminal law, civil law, or regulatory action in the treatment of the NPO sector. In addition to identifying the factors contributing to the shortcomings in the KSA's CTF approach involving NPOs, this thesis offers recommendations for reforming the KSA's NPO governance system having regard to notions of responsive regulation and an assemblage model. These recommendations draw insights from the governance experiences of England and Wales which form the basis for policy transfer.25 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 0