International Commercial Arbitration in Saudi Arabia

This is the first comprehensive analysis of the new Saudi Arbitration Law of 2012, presented by a scholar and practitioner equally educated and fluent in Islamic Sharia, Saudi law, as well as U.S. and international business and trade law. Readers will learn how Islamic Sharia has always included and indeed promoted mediation and arbitration as less confrontational ways of settling disputes. Against this background, it may be surprising that the Saudi judiciary has at times struggled with providing support services for arbitration procedures and enforcement of international awards. The 2012 Law was designed to change this and the book provides a careful comparison of its provisions with international arbitration law as embodied in the UNCITRAL Model Law, the ICC Rules, the LCIA Rules, IBA Rules on Taking of Evidence, and other rules and standards. Dr. Altawyan also explains the consequences of applying Saudi law, including Islamic Sharia as the foundation of Saudi law, to international commercial contracts and arbitration agreements. His conclusions show that Saudi Arabia has taken giant steps forward in its quest toward becoming a modern and investor friendly place for doing business, while also preserving its Islamic heritage and faith. In the same spirit, the author gives clear-eyed recommendations for further evolution of Saudi arbitration law and what international business partners and investors have to do to protect themselves against misunderstandings and surprises in the meantime. The book is completed by English versions of the Saudi Arbitration Law of 2012 and the Execution Law to the Arbitration Law of Saudi Arabia.