Public Policy as an Exception to the Recognition and Enforcement of Foreign Arbitral Awards in Saudi Arabia
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Date
2024-04-18
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Brunel London University
Abstract
This dissertation focuses on analysing the public policy exception stated under Article V(2)(b)
of the New York Convention as the ground for refusing to recognise and enforce foreign
arbitral awards and the application of the exception in the Kingdom of Saudi Arabia. The study
concluded that no specific definition was provided by the New York Convention or the
UNCITRAL Model Law, allowing each country to interpret the exception according to its own
policy. However, most nations interpret the exception narrowly, emphasising international
public policy. The Kingdom of Saudi Arabia incorporates both international and national public
policy, influenced by its legal system derived from Islamic Sharia, reflecting its commitment to
aligning to Islamic Sharia principles in addition to complying with international arbitration
practices through codifying the cases in which enforcement of foreign arbitral awards be
refused in the new Saudi Law of Arbitration 2012 and the Saudi Enforcement Law 2012, which
confirms it keenness the harmonise the application of the principles of Islamic Sharia and
international arbitration practices.
Description
The dissertation consists of four chapters. The first chapter is devoted to the introduction.
Chapter Two delves into the concept of public policy in international commercial arbitration,
dissecting its various types, such as domestic, international, substantive, and procedural
public policy. Chapter Three provides an overview of the recognition and enforcement of
foreign arbitral awards in international commercial arbitration, focusing on the public policy
exception within the framework of the New York Convention and the UNCITRAL Model Law
and examines specific grounds for refusing recognition and enforcement of foreign arbitral
awards under the New York Convention and UNCITRAL Model Law, shedding light on the scope
of the public policy exception. Finally, Chapter Four narrows the focus to the public policy
exception in Saudi Arabia by providing an overview of the unique Saudi legal system; it
highlights the international and domestic regulations relevant to recognising and enforcing
foreign arbitral awards in Saudi Arabia. Moreover, the chapter analyses the Saudi public policy
exception standards for refusing enforcement. It will explain Sharia's role in refusing the
enforcement of foreign arbitral awards under public policy exceptions, as the positive recent
field evolution regarding recognising and enforcing foreign arbitral awards in Saudi Arabia will
be expounded.
Keywords
Enforcement Challenges, UNCITRAL Model Law, New York Convention, Sharia Law and Arbitration, Foreign Arbitral Awards
Citation
OSCOLA