EFFECTIVE USE OF ARBITRATION

Abstract

We have noticed that the Saudi arbitration law includes a repetition of the reference to the necessity of adhering to the principles of Islamic law and public order in the Kingdom to an extent that may carry a degree of fear among those wishing to invest foreign capital in the Kingdom. Perhaps practical considerations require a reconsideration of the articles of this law so that it includes explicit provisions in this regard to encounter the possibility that disputes of an international nature arise between Saudi companies and foreign companies in which arbitration rulings are issued, and the applicable substantive law, then it is objected to before the Saudi judiciary. In addition, the extravagance of the Saudi Arbitration Law in mentioning some procedural details whose regulation is usually left to the Executive Regulations or the Procedure Law. The executive regulations for this law were also issued in a largely brief manner at a time when it was expected to deal with a large number of practical problems. It was supposed or expected to issue an extensive statement of the provisions that the arbitration law did not deal with or address to indicate how to treat or deal with them. Rather than it included issued in (19) articles that are supposed to include provisions covering (58) articles that are the articles of the law.