Description

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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.

About the Author

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Dr. Ahmed A. Altawyan specializes in Commercial Arbitration, International Business Law, Islamic Finance, and Saudi law. He was nominated to work in the judiciary by the Supreme Judicial Council of the Kingdom of Saudi Arabia in 2011. Currently, he serves as Assistant Professor of Law, Honorary Fellow of the International Islamic Centre for Reconciliation and Arbitration in Dubai, and Member of the Appeals Committee, formed by Royal Order to adjudicate violations and tax disputes. He has been invited to various national and international conferences to present and publish papers on a wide range of legal topics. His academic credentials include an SJD (PhD) in Commercial Arbitration from Indiana University's Robert H. McKinney School of Law (Indianapolis, Indiana, USA); a Master's Degree in Comparative and International Law (LL.M.) from Southern Methodist University's Dedman School of Law (Dallas, Texas, USA); a Master's Degree with honors in Legal Policy and Saudi Law from the High Judicial Institute (Riyadh, Saudi Arabia); and a Bachelor's Degree with first class honors in Islamic Sharia from Al-Imam Mohammad Ibn Saud Islamic University (Riyadh, Saudi Arabia).