Respect for Party Autonomy under Current Saudi Arbitration Law

Author: Al-Fadhel, Faisal M.

Source: Arab Law Quarterly, Volume 23, Number 1, 2009 , pp. 31-57(27)

Publisher: BRILL

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Abstract:

Arbitration is an important means for settling disputes between commercial parties, in parallel with the general judicial system. Certain basic standards, such as party autonomy and the supportive role of courts, are required in any modern arbitral legislation if it is to prove effective. This article will focus on the principle of party autonomy, fundamental to modern law, under the current Saudi Arbitration Law. Several issues will be discussed and constructive recommendations given regarding: the consistency in terminology used, specifically with respect to "arbitration instrument", "arbitration clause" and "submission agreement"; the professional qualifications and experience of arbitrators; the choice of language for international arbitration; woman's role as arbitrator; the status of non-Muslim arbitrators; and modernisation of the Saudi Arbitration Law of 1983 and its Implementing Regulations of 1985.

Keywords: PARTY AUTONOMY PRINCIPLE; COMMERCIAL ARBITRATION

Document Type: Research article

DOI: http://dx.doi.org/10.1163/157302509X395632

Affiliations: 1: Centre for Commercial Law Studies, Queen Mary College, University of London, London, UK

Publication date: 2009-02-01