Finality of Awards: Is it the Key Feature of the New Saudi Arbitration Law that Will Put the Country in the Global Map of Arbitration?

Abdulrahman Saleem
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Abstract

Arbitration became an essential tool to resolve international disputes as a result of the globalized and integrated markets, free trade and international investments. Therefore it was crucial for states to reform arbitration related laws in order to attract investments. Saudi Arabia has issued a new arbitration law which showed significant developments chief among them is the concept of finality. Finality of awards is a key element that is shared and adopted by all successful international jurisdictions. This paper will analyse the concept of finality and the consequences of its incorporation in the new Saudi Law. Also, the question of whether or not, the introduction of finality will be enough to transform the country to an international arbitration hub, will be answered in details. It is concluded that the adoption of finality is crucial because it is the essence of arbitration. It allows swift conclusion of disputes, preserve confidentiality and it is money saving. However, there are other reforms to be done in Saudi Arabia to enhance its chance. Finality alone is a major step towards the right direction but more needs to be done in the local legal environment. Examples of steps to be done are in the conclusion of this paper.
裁决的最终性:新沙特仲裁法的关键特征是否将使该国进入全球仲裁版图?
由于全球化和一体化的市场、自由贸易和国际投资,仲裁成为解决国际争端的重要工具。因此,各国必须改革与仲裁有关的法律,以吸引投资。沙特阿拉伯颁布了一项新的仲裁法,显示出重大的发展,其中主要是最终的概念。最终裁决是所有成功的国际司法管辖区共同采用的一个关键因素。本文将分析最终性的概念及其在新沙特法律中纳入的后果。此外,还将详细回答引入终局制度是否足以使我国成为国际仲裁中心的问题。结论是,采用终局性是至关重要的,因为它是仲裁的本质。它可以迅速解决争端,保护机密性,还可以节省资金。然而,沙特阿拉伯还需要进行其他改革来增加其机会。最终结果本身就是朝着正确方向迈出的重要一步,但在当地的法律环境中还需要做更多的工作。本文的结论部分给出了具体步骤的示例。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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