Please use this identifier to cite or link to this item: http://bura.brunel.ac.uk/handle/2438/8140
Title: Saudi law as lex arbitri: Evaluation of Saudi arbitration law and judicial practice
Authors: Baamir, A
Bantekas, I
Keywords: Lex arbitri;Saudi law;Arbitration law;Saudi Arabia
Issue Date: 2009
Publisher: Kluwer Law International
Citation: Arbitration International, 25(2), 239 - 269, 2009
Abstract: Disputes settled in Saudi Arabia, or which otherwise contain Saudi elements, are governed by the Kingdom’s lex arbitri, which requires that not only the arbitration clause and compromis be submitted to a designated competent authority for approval, but that the proceedings be supervised by said competent authority throughout their duration, save where conflict of laws rules permit the parties to refer to a foreign jurisdiction. There is no clear line of authority between contemporary Saudi arbitration law and Hanbali arbitral jurisprudence. Equally, the decisions of the arbitral governing authority (Diwan), although important, does not lend itself formally to stare decisis. Our analysis has demonstrated that this Hanbali corpus of law is in fact more flexible than Saudi law, particularly on the ground of interpretative techniques. This finding should dismiss the notion that Hanbalism is an archaic and backward-looking institution.
Description: Copyright © 2009 Kluwer Law International
URI: http://www.kluwerlawonline.com/abstract.php?area=Journals&id=ARBI2009016
http://bura.brunel.ac.uk/handle/2438/8140
ISSN: 0957-0411
Appears in Collections:Law
Publications
Brunel Law School Research Papers

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