The Recognition and Enforcement of International Commercial Arbitral Awards in Saudi Arabia: A Critical Study

Abstract

This thesis examines the foreign arbitral award enforcement procedures in Saudi Arabia and critically analyses the country’s practices regarding its recognition and enforcement. The coherency of the law and the stage of enforcement have been characterised by ambiguity and uncertainty, as is illustrated in this study. This thesis questions the practicality and the procedures adopted by the Enforcement Court and aims to evaluate the conditions of enforcement as stipulated by the Enforcement Law 2013. The thesis further examines the legislative changes adopted within the Saudi Arbitration Law 2012 in comparison to the previous 1983 law and outlines the related developments. The practicality of the enforcement procedures in Saudi Arabia and the enforcement of foreign arbitral awards is the focus of this thesis, to distinguish its effectiveness and efficiency. This study includes a comparative review between Sharia, common, and civil law jurisdictions regarding their application of the New York Convention 1958 with specific reference to the aforementioned focus. The thesis questions whether Saudi Arabia has shifted from the perceived negative attitude towards arbitration to a positive one, and concludes whether the current practices conform to international arbitration practices. Finally, the thesis outlines a number of suggested reforms to improve the enforcement procedure and increase the level of conformity to best international practices in the country.