The Impact of Shariah Public Policy on The Enforcement of Foreign Arbitral awards in the Kingdom of Saudi Arabia
WALAA HAMED ALI ALRAJHI
This study will investigate whether the adoption of the 1958 New York Convention by Saudi Arabia will develop the country’s approach towards the recognition and the enforcement of international arbitral awards, and thus present a better climate for non-Saudi investors. The investigation will be held against the conservative attitude of Saudi Arabia towards the grounds of refusing the enforcement of foreign arbitral awards, which are mentioned in the convention, with adding some examples from the English legal system. The goal of this thesis is to critique and analyse the role of Islamic rules in the Saudi legal system, which has impacted the use of the refusing grounds. Nonetheless, the investigation is just going to be on the public policy ground of refusing the enforcement of international awards given by the Article V of the convention, and the reason for choosing this ground is because it is affected widely by the Shariah law. It will be concluded that the legislators in Saudi should codify the rules of Shariah. First, by selecting one Islamic school of thought to be adopted by the Saudi legal system. Second, by reconsidering the qualifications of the Saudi judges, as having a solo knowledge of Shariah science is not sufficient to deal with the international rules, and for arbitration rules especially.