Determining the Nature of International Commercial Arbitration Under Saudi

Abstract

There is no difficulty in defining the national arbitration as an arbitration that belongs in all its elements (the place, nationality of the arbitrators and the applicable law) to the Kingdom of Saudi Arabia and shall be subject to the provisions of the Shari'a law and the applicable regulations. However, regarding the international arbitration, there has been a great deal of controversy about when we are facing international arbitration. Whereas the recent Saudi arbitration law was issued by Royal Decree No. M / 34 dated 24/5/1433 H, including the application of its provisions to both national and international arbitration, without distingushing between their differences. Therefore, the importance of the research is to analyse the Saudi arbitration law to determine the best criteria of practice. Therefore, we can determine when we are facing Inrenational commercial arbitration in disputes between private persons, whether individuals or companies, and that will be based on three criteria: economic, geographic and legal, as well as the implications of determining such adjustments in the light of this regulation. In this research, I have concluded that the Saudi regulator should be satisfied with only the economic standard to clarify the difference between international and national arbitration because it is more clear and practical.