RESEARCH TOPIC: Arbitration in the Gulf States
RESEARCH QUESTION: what are the differences in Arbitration laws on enforcement of arbitral awards in Saudi Arabia compared to other gulf states (Bahrain and UAE?)
HYPOTHESIS: Implementing of foreign arbitral awards is more complex in Saudi Arabia in comparison to other Gulf States although they are governed by similar jurisdiction.
What I want to do?
The aim of this dissertation is to investigate the process of enforcing foreign arbitral awards in Saudi Arabia ( practical issues ). The paper seeks to examine a number of questions. Firstly, how difficult is it to enforce foriegn arbitral award in Saudi Arabia? Secondly, what are the laws governing the enforcement of Arbitral awards UAE?. how can (Bahrain and the UAE) can implement the foreign arbitration awards but it is hardly to be enforced in Saudi Arabia?
Explore why Saudi Arabia compared to Gulf States faces more difficulties in enforcing Arbitration awards. The research will be divided into 4 main parts. The first part will be an introduction to the topic of Arbitration in the gulf in general and how arbitral awards are enforced. I would briefly explain the advantages and disadvantages of Arbitration and then I would explain the laws that govern the enforcement of Arbitral awards in the Gulf state with special focus on the similarities and differences between Saudi Arabia on one side and Bahrain and Emirates on the other.
The second chapter will be a review of existing literature to explain the arguments further. This will compare and contrast research that has been carried out on the topic and compare statistics on data showing the success rate of enforcing arbitral awards in the gulf compared to Saudi Arabia and the challenges it faces and the cause. The Legal system is comparative among gulf countries, convention, treaties, and jurisdiction. I would be discussing questions such as why Bahrain is more flexible in arbitration than Saudi. What would happen if there was a trade issues between Saudi Arabia and Bahrain or Emirates (how they would resolve it by arbitration process (Law)? How arbitral award is decided? I can also describe how foreign awards are rejected in Saudi but accepted in Bahrain and Emirates. Although Saudi Arabia is a signatory of the New York convention 1985 it faces problems when it comes to implementing foreign arbitration awards. Therefore, I would examine the causes for this whether it is religious issue, cultural values or other legislations. I would investigate the reason why Saudi Arabia is different from other gulf countries although they have the same religion (Sharia law). The main objective is to explore material from the vast existing literature review thereafter analyzing the results to determine the scope of enforcing foreign arbitral awards in the Gulf focusing on these 3 states.
The third chapter will be the methodology and I will be discussing the different research methods that I will employ to gather information and data. I will be using secondary research to save time and avoid costs of doing my own primary research. In addition to that the focus of my research is on the gulf which in terms of proximity will be difficult to carry out research on the ground. This will constitute of both quantitative and qualitative research to form a mixed method research. This is done to maximize the potential due to the nature of this research requiring a large volume of data from different regions to prove the hypothesis. I will be using the library and the university IT facilities (books and journals, internet to search electronic versions of relevant material, Google scholar, Google books and online Law journals and articles.
The fourth chapter I will be discussing the findings and results from the literature review. I would analyse the data that I have gathered and give a detailed analysis with reference to the question and the aim to prove the hypothesis.
The fifth chapter will be the conclusion and recommendation. Here I plan to give a summary of the research and my thoughts on it and if there are any recommendations I would explain their benefits. Saudi Arabia would have to have an explicit and transparent Arbitration Law. The most important reason is that is the need to attract foreign investors as that has been stated in the 2030 vision which focuses on a wider foreign investment in the KSA. Additionally, foreign investors are extremely prudent and need a clear legislative environment as well as the national business as it trades internationally with massive capitals. Therefore, to achieve that specific target, Saudi Arabia would have to have developed, explicit, transparent, documented and constant Arbitration Laws, which would not be on the discretion of the judges or other legislations or amended in a very frequent way. It has to draw a line between Sharia law and public policy.
Some guidelines :
UNITED ARAB EMIRATES (UAE)
Statistics carried out in 2011 by the International Chamber of Commerce (ICC) revealed that almost 80% of the cases in the Middle East preferred to choose their seat of arbitration from an Arab country due to the popularity of their applicable law In addition to that there has been exceptional increase in the number of arbitrations taking place in the Arab part of the Middle East after the Arab spring with approximately 750 arbitrations taking place just in the UAE annually. There are seven emirates that make up the United Arab Emirates and they are Abu Dhabi, Dubai, Sharjah, Ras Al Khaimah, Ajman, Umm Al Quwain and Fujairah. There has been progress in the UAE with respect to the use of arbitration as an alternative dispute resolution. According to Article 210 of the UAE civil procedure code there is a set limit of 6 months to issue
Since 1988 Bahrain has been a part of the New York Arbitration Convention on the recognition and enforcement of foreign arbitral awards. This means they apply the convention with respect to differences arising from legal relationships which the national law of Bahrain regards as commercial The Bahrain International Commercial Arbitration Centre and the Gulf Cooperation Council Commercial Arbitration Centre (GCAC) are the two main arbitration bodies in Bahrain. There are two different laws depending on whether the case is domestic or international. The former is subject to the Civil and Commercial Procedures Law while the latter is subject to the International Commercial Arbitration Law of 1994 which includes the UNCITRAL law. The law in Bahrain dictates that international arbitral awards are binding regardless of the country they are acquired from. In order to enforce the arbitral award the original copies of the award and the agreement should be made available to the High civil court with a translated copy in Arabic. Although there are improvements in the laws governing arbitration in Bahrain, there are some barriers facing the use of Arbitration and the enforcement of the Arbitral awards.
The Saudi Arabia kingdom has been using arbitration for centuries under the Sharia law. Nevertheless, there has been a noted increase in recent years in the problems faced by foreign investors using arbitration in the region. This has led to the introduction of new and improved arbitration laws that are based on the UNCITRAL Model Law on International Commercial Arbitration though they have been modified to be compatible with the Sharia law.
The dissertation would discuss the problem that the foreign arbitration awards are not implemented in Saudi Arabia even though they signed the New York convention in 1985( is it because of a religious issue, cultural values, other legislation?) however they are implemented in Bahrain, and so far in Emirates, Why? And what is the problem? The Gulf countries have the same juristic law (Islam) so why Saudi Arabia is different within the Gulf
Saudi Arabia would have to have an explicit and transparent Arbitration Law. The most important reason is that the need to attract foreign investors as that has been stated in the 2030 vision which focuses on a wider foreign investment in the KSA. Taking into consideration that the foreign investors are extremely prudent and need a clear legislative environment. As well as the national business as it trades internationally with massive capitals. Therefore, to achieve that specific target, Saudi Arabia would have to have developed, explicit, transparent, documented and constant Arbitration Law, which would not be on the discretion of the judges or other legislations or amended in a very frequent way.
Legal system as comparative among gulf countries, convention, treaties, jurisdiction
Why for example Bahrain is more flexible in arbitration than Saudi
What would happen if there were a trade issues between Saudi Arabia, foreign country, Bahrain or Emirates ( how they would resolve it by arbitration process( Law )? How arbitral award is decided?
describe the enforcement of foreign arbitration awards in Saudi Arabia and( practical issues ) what should happen.