CROSS-BORDER TRANSACTIONS AND CHOICE OF LAW RULES IN SAUDI ARABIA: A COMPARATIVE STUDY OF CHOICE OF LAW RULES BETWEEN THE UNITED STATES, ARAB COUNTRIES, AND THE CISG

Abstract

This dissertation explores the lack of choice of law rules in Saudi Arabia and the possibility of adopting choice of law rules for cross-border transactions in Saudi Arabia. Establishing choice of law rules for Saudi Arabia is important in that it will attract private international transactions with Saudi Arabian parties. These laws will protect Saudi Arabia from unfair practices and foreign parties from legal ambiguities and achieve justice by making the law clearer. This research analyzes Sharia principles and the Saudi legal system. It also investigates any existing provisions on choice of law rules and possible challenges in Saudi law. The dissertation compares the choice of law rules in the United States and Arab countries, and under the Convention on the International Sale of Goods (“CISG”). The aim is to establish standards that allow Saudi Arabia to adopt appropriate choice of law rules. These suggested standards are based on international treaties, international practices, and regional laws.