Arbitration has a long history in the Kingdom of Saudi Arabia. It has been used for centuries under Shari’ah law in the Kingdom. However, foreign investors in recent years have experienced difficulty in using arbitration in the country. Saudi Arabia has therefore enacted a new arbitration law that is an improvement over the thirty-year old arbitration law that it replaced. The new arbitration law is based on the UNCITRAL Model Law on International Commercial Arbitration but with modifications to ensure that the arbitration process does not ‘violate Shari’ah’ as practiced in the Kingdom. The article reviews the important components of the new arbitration law and provides a comparative analysis of it to the previous law and international arbitration practice. It also analyses the recognition and enforcement of international arbitration awards in Saudi courts, including the impact of Shari’ah and the new arbitration and enforcement laws. Finally, it provides a narrative on the Saudi court system and its role in arbitration.
This is a list of helpful questions and answers to consider when dealing with arbitration procedures in the UAE.
Saudi Arabia continues to present amongst the best opportunities for investment for companies from outside the Kingdom, not only in oil and gas but also in the industrial and infrastructure sectors, as the economy is diversified. The biggest projects are awarded by government bodies. Their contracts are increasingly likely to contain Saudi arbitration clauses. The objective of this note is to answer the questions that would typically be asked when a company from outside Saudi Arabia negotiating a contract with a Saudi party is asked to agree to arbitration in Saudi Arabia under the new Saudi Arbitration Law.
An overview of the Saudi legal and court system.
Major global corporations and smaller companies alike are increasingly turning to Saudi Arabia for business opportunities. Saudi Arabia touts major economic development programs and an increasingly accommodating business environment. Panelists will discuss the Saudi judicial reforms that were imposed in late 2013, the process for working with the Board of Grievances (the tribunal tasked with handling most commercial disputes) and the 2012 Saudi arbitration law. They will compare and contrast the Saudi dispute resolution system with that of its neighbor, the United Arab Emirates (UAE). Viewed by many as a thought leader for dispute resolution systems in the Middle East, the UAE has a federal system of laws and courts, and an arbitration system that reflects significant input from leading Western judges and lawyers. The panel also will address the role that monarchic rule, local culture and Sharia law play in the dispute resolution process.
Large multinational corporations face complex challenges when trying to protect their businesses from competition. Many organizations are starting to require that all senior employees around the globe have two-year noncompete agreements. Is this a solution your organization is considering? A global panel of in-house and employment and benefits attorneys will discuss this scenario in an interactive, 90-minute program. The panelists will explore and discuss some of the essential questions that global employers must be asking their counsel: Is it possible or desirable to have a global noncompete? Is there a preferred duration? Does an employee need to be paid? What is a garden leave and what are the best terms to include? Are there other restrictive covenants allowed? You will be encouraged to offer your own scenarios and questions for comment.
A checklist of questions for local counsel to consider when dealing with legal, human resource, and tax questions.
This article focuses on the author's tool called "The Cultural Map" and the scales representing the management behaviors where cultural gaps are most common.
A list of additional resources and articles to supplement ACC's 2014 Annual Meeting session 102 - Bridging Cultural Differences for Successful International Negotiations.
A detailed presentation containing graphs, charts, and checklists on developing a global business mindset.