The Role of the Arbitration System in Resolving Foreign Investment Disputes by Applying to the Kingdom of Saudi Arabia

Authors

  • Naif Nashi Al-Ganami

DOI:

https://doi.org/10.35696/arts.v12i4.2239

Keywords:

Arbitral Proceedings, International Arbitration Rules, Saudi Arbitration Law, Law

Abstract

International commercial arbitration is considered a means of settling existing international commercial disputes and an important means of avoiding the emergence of any disputes in the long term. The arbitration method for settling the dispute has its own characteristics: The dispute is settled by a final ruling and is characterized by a contractual nature between the arbitrator and the party he chose, either directly or indirectly through one of the bodies. The permanent arbitrator who is chosen based on that agreement is not subject to the party that chose him, but he is independent and neutral in performing his task, and does not receive instructions or directions from the party that chose him. The Saudi regulator was interested in regulating the provisions and controls of general arbitration and international commercial arbitration in particular, by issuing the arbitration system, the subsequent issuance of the executive regulations, the decisions regulating the arbitration process, and expanding the establishment of international arbitration centers such as the Saudi Center for International Commercial Arbitration. All of this had a significant impact in encouraging foreign direct investments, which helped resolve disputes resulting from these investments quickly and professionally. My research has three main sections. 1- The concepts of arbitration and foreign direct investment. 2- Explaining the arbitration agreement and its characteristics and approving the arbitration agreements. 3- We addressed a more specific aspect of international commercial arbitration in Saudi Arabia.

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References

Abu Zeid, Radwan. (2021). The General Principles of International Commercial Arbitration, the First Edition, Dar Arab Thought.

Ahmed, Abdel-Fadil. (2022). Rules of International Commercial Arbitration, First Edition, Dar Al-Kutub Al-Asriyah, Cairo.

AKSEN, Gerald y DORMAN, Wendy S., “Application of the New York Convention by United States Courts: a twenty-year review. (1970- 1990)”, The American Review of International Arbitration. (1991). The Parker School of Foreign and Comparative Law, Columbia University, New York, Vol. 2, N° 1.

Al-Abadi, Hamdan Saleh Zaidan (2018). The Impact of Modern Technology on Arbitration, Master Thesis in Private Law, Middle East University, Faculty of Law, Amman, Jordan, May.

Al-Sarhan, Bakr Abdel Fattah. (2020). explaining the Arbitration Law of the UAE, Jordan.

Alsauvana, Abdullah. (2019). to intervene in the arbitration proceedings, the University of Nablus, Palestine.

Baamir, Abdulrahman & Bantekas, Ilias. (2009). Saudi Law as Lex Arbitri: Evaluation of Saudi Arbitration Law and Judicial Practice, 25 Arb. Intl. 249.

Bales R., (2006). Alternative Dispute Resolution, An Introduction to Arbitration. <http://ssrn.com/abstract=863804>, accessed on January 14, 2024.

Banco de España (2002), "The Spanish Balance of Payments 2001," 1st edition, Madrid. Available at: http://www.bde.es/.

Bell, Katherine, Segesser, Georg von. (2006). Arbitration of Trust Disputes, Volume 35, Issue 1.

BENGLIA, Jean. (1996). “Inaccurate reference to the ICC”, The ICC International Court of Arbitration Bulletin, Vol. 7 Nº 2, December.

Bennett S., (2002). Arbitration: Essential Concepts. ALM Publishing is a division of American Lawyer Media. The USA.

Berg-Moussa, Marie Danis Alexandra, Le coronavirus est un cas de force majeure et/ou une cause d'imprévision. article dans: www.august-debouzy.com: sllis, Laura Canet, Coronavirus: comment répondre à la force majeure invoquée par la Chine dans ses relations commerciales, article in: www.village-justice.com.

Black’s Law Dictionary, Sixth Edition, West Publishing Co., 1990, St. Paul, Minn.

BLESSING, Marc. (1997).“The ICC Arbitral Procedure under the 1998 ICC Rules. What has changed?”, The ICC International Court of Arbitration Bulletin, Vol. 8 N° 2, December.

Boukart, Ahmed and bin Dadoush, Nadara Gamari. (2018). Data that must be available in the electronic arbitration award, an article in the Journal of Legal Studies, published by the Sovereignty and Globalization Laboratory, Medea University, Volume 4, Issue 1, January.

Brownlie, “Principles of Public International Law," Oxford University Press, Fifth Edition, page 611.

Carbonneau, as cited in Schmitt and Magg. (2010). Arbitration as a Dispute Resolution Method in the Swedish and German Construction Industry, Master’s Thesis in the Design and Construction Project Management Master’s program, CHALMERS UNIVERSITY OF TECHNOLOGY.

Cheung S., (1999). Critical Factors Affecting the Use of Alternative Dispute Resolution Processes in Construction. International Journal of Project Management, Vol. 17, No. 3.

Cheung S., and Suen H., (2002). A Multi-Attribute Utility Model for Dispute Resolution Strategy Selection. Construction Management and Economy, Vol. 20.

Chillida, Vives, (1998). “El Centro International de Arreglo de Diferencias Relativas a Inversiones (CIADI)”, McGraw Hill, Madrid.

Chong H. and Rosli M., (2009). The Behaviour of Dispute Resolution Methods in the Malaysian Construction Industry. IEEE. Published in IEEM, the international IEEE conference. Hong Kong.

Craig T., (2012). International arbitration--what's in it for your franchise? In international arbitration, the parties have more control than in alternative systems and a better ability to enforce their awards. Franchising world.

Elaine T., (2002). Arbitration in the Construction Industry: A Hong Kong Perspective. Unpublished Msc. dissertation. The University of Hong Kong. Hong Kong.

Enshassi A., Choudhry R., Mayer P., & Shoman Y., (2008). Safety Performance of Subcontractors in the Palestinian Construction Industry. Journal of Construction in Developing Countries, Vol. 13, No. 1.

Enshassi A., Ridwan I., and Sawalhi N., (2002). The reality of engineering arbitration in the Gaza Strip in Palestine. Published in the second conference on engineering arbitration. Saudi Arabia.

Essex R., (1996). Means of Avoiding and Resolving Disputes During Construction. Tunneling and Underground Space Technology, Vol. 11, No. 1, pp. 27–31. Published the 12th annual Canadian Tunneling Conference in 1994.

Falzoni, Anna M. (2000), "Statistics on Foreign Direct Investment and Multinational Corporations: A Survey," University of Bergamo, Centro de Studi Luca d'Agliano, and CESPRI.

Greenwood M., (2006). What Are the Advantages and Disadvantages of Binding Arbitration Over Going Directly to Court?, Ezine Aricles.

Haddad H., (2010). Arbitration in Arabic Laws, 1st Part, Dar of Culture.

Houdi, Mohamed, (2019). Electronic Arbitration Procedures in International Commercial Contracts, an article published in the Journal of Legal and Political Studies, Volume Five, Issue 1, January.

IMF (International Monetary Fund), (1993). Balance of Payments Manual, 5th Edition, Washington, DC.

Khulusi M., (2005). Arbitration Origins in Engineering Disputes. Dar of Law Books, Egypt, p. 18.

Koksal J., (2011). The Settlement Mechanisms for Disputes between the Parties According to the Fidic Conditions of the Contract for Construction. International Journal of Humanities and Social Science, Vol. 1, No. 4.

Lipsey, Robert E. (2001), "Foreign Direct Investment and the Operations of Multinational Firms: Concepts, History, and Data," Working Paper 8665, National Bureau of Economic Research, Cambridge (USA).

Mahmoud, Ahmad Rashad. (2020). fraud in the field of international commercial arbitration, research published in the journal Legal and Economic Sciences, Faculty of Law, Ain Shams University.

Ndekugri I. and Russell V., (2006). Disputing the Existence of a Dispute as a Strategy for Avoiding Construction Adjudication. Engineering, Construction, and Architectural Management, Vol. 13, No. 4.

Neal B. and Kleiner B., (2001). How to Conduct Arbitration Effectively. Managerial Law, Vol. 43, No. 1/2.

Rajoo S., (2008). Arbitration in the Construction Industry. Master Builders, 1st quarter.

Redfern A., Hunter M., Blackaby N., and Part Asides C. (2004). Law and Practice of International Commercial Arbitration, 4th Edition Sweet & Maxwell.

Rowland P., (1988). Arbitration Law and Practice. Sweet & Maxwell, P. 171.

Sawalhi N., (2009). Engineering arbitration, reality, and aspirations. Journal of Engineering Arbitration, No. 1.

Schreuer, (1996). “Commentary on the ICSID Convention: Article 25”, ICSID Review, Foreign Investment Law Journal, Vol. 11, No. 2, Fall.

Shah N. and Gandhi N., (2011). Arbitration: One Size Does Not Fit All: The Necessity of Developing Institutional Arbitration in Developing Countries. Journal of International Commercial Law and Technology, Vol. 6, No. 4.

Shah N. and Gandhi, Arbitration (2011). One Size Does Not Fit All: Necessity of Developing Institutional Arbitration in Developing Countries. Journal of International Commercial Law and Technology, Vol. 6, No. 4.

Tetley W., (2004). Good Faith in Contract Particularly in the Contracts of Arbitration and Chartering. JMLC. Vol.35.

The American Arbitration Association (AAA) issued a memorandum on April 20, 2020, in which it defined a set of measures to ensure the conduct of arbitration litigation under the exceptional circumstances of COVID-19.

White, F. and Bradgate, R., (2007). Commercial Law. Oxford University Press, 51. Wiezel J., (2011). Alternative Dispute Resolution. Cost-Effective Construction Arbitration. The Construction Lawyer, Vol. 31, No. 2.

Wiezel J., (2011). Alternative Dispute Resolution. Cost-Effective Construction Arbitration. The Construction Lawyer, Vol. 31, No.11. P. 81.

Yih C., (2010). E-Dispute Resolution Model on Contractual Variations. Unpublished PhD thesis. University Teknologi Malaysia.

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Published

2024-11-28

How to Cite

Al-Ganami, N. N. (2024). The Role of the Arbitration System in Resolving Foreign Investment Disputes by Applying to the Kingdom of Saudi Arabia. Journal of Arts, 12(4), 894–921. https://doi.org/10.35696/arts.v12i4.2239

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