Saudi Cultural Missions Theses & Dissertations
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Item Restricted Rethinking Franchise Contracts: The Impact of Transactional and Relational Governance Mechanisms on Franchisor Performance(Monash University, 2024) Alshamrani, Areej Saad S; Mani, Sudha; Feng, ShanfeiThe viability of the franchise system depends on franchisors’ ability to design contracts that facilitate the governance of the franchisor–franchisee relationship. Despite its importance, research on the impact of contract design on franchisor performance is limited. This study bridges the gap by integrating research on contracts, transaction cost economics (TCE), and relational governance to examine the influence of contract dimensions on franchise growth. Drawing from TCE, it investigates how transactional contract dimensions—contingency adaptability and franchisees’ roles and responsibilities—are codified in contracts. In addition, unlike prior studies that have focused on non-contractual relational governance, this research explores the embedding of relational norms within the contract. Specifically, I examine the moderating effects of the extent to which relational norms—information exchange and flexibility—are embedded in a legally enforceable contract. This study conducts a comprehensive analysis of the effects of both transactional and relational contract dimensions on franchise growth. To this end, contracts from 332 franchisors were hand-collected and over 200K contract clauses were classified into transactional and relational dimensions using a state-of-the-art machine learning algorithm (bidirectional encoder representations from transformers – BERT). To test the formulated hypotheses, a two-stage residual inclusion Poisson regression model was used. Key findings reveal that contingency adaptability positively influences franchise growth, whereas franchisees’ roles and responsibilities have a detrimental effect. Information exchange enhances the positive impact of contingency adaptability but exacerbates the negative influence of franchisees’ roles and responsibilities. Flexibility, while mitigating the adverse effects of franchisees’ roles and responsibilities, surprisingly reduces the beneficial influence of contingency adaptability on franchise growth. These findings have significant theoretical and practical implications for understanding and optimizing contract design in franchising.14 0Item Restricted Arbitration in maritime transport contracts between Saudi law and international law(Saudi Digital Library, 2023-11-23) Aldawsari, Sultan; Eden, PaulIn 2019, Saudi Arabia introduced the new Maritime Code, which is considered to be aligned with international law in providing a comprehensive legal framework for the maritime sector. Other steps Saudi Arabia has taken to enhance arbitration law in the maritime sector include the establishment of the Saudi Centre for Commercial Arbitration (SCCA) and the revised SCCA Arbitration Rules in 2023. These developments in Saudi Arabian law present a viable scope for comparison between Saudi Arabian law and international law. This dissertation limited this comparison to the field of commercial arbitration for maritime contracts. The specific scope of this dissertation was to analyse the resolution of maritime commercial contract disputes under Saudi arbitration law. This research concerned the question of whether the Saudi law contained in the Maritime Code of 2019 provides provisions for arbitration in maritime transport contracts which are comparable with international law in this field. Using a combination of doctrinal research and comparative legal research methods, this dissertation engaged with the emerging law in Saudi Arabia around maritime contract dispute arbitration. The dissertation found that the Saudi legal system had made significant changes to the framework on foreign arbitration, thereby aligning itself with the New York Convention and the UNCITRAL Model Law. However, the dissertation also determined that the enforcement of foreign awards in the event of conflict with Sharia is still an area of concern.38 0