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Document Type |
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Thesis |
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Document Title |
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Challenging The Arbitrator in Saudi Arbitration Law ردُّ المحكَّم في نظام التَّحكيم السُّعودي |
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Subject |
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Faculty of Law |
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Document Language |
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Arabic |
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Abstract |
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As the role of the arbitrator, in the modern societies (countries), is based on the settlement of the dispute between the adversaries outside the jurisdiction, shall have the authority of a judicial ruling and shall be enforceable, the Saudi Arbitration Law had keen to establish the rules, foundations and guarantees that assure the proper position of arbitration and increase the confidence of the adversaries in this particular type of judiciary. One of the most important of these guarantees is the right of the adversaries to challenge the arbitrator.
There is no doubt that the arbitrator should be subjected to the impartiality and independence principle, and to be far away from any challenge to this principle. If the arbitrator violates this principle, this research problem becomes apparent that the opponent has the right to reject the arbitrator who has challenge with the impartiality or independence.
The purpose of this analytical study is to consolidate the challenging the arbitrator in the Saudi law based on the Islamic legislation by seeking "the challenging" in the Islamic jurisprudence in a way that does not conflict with the provisions of the Sharia, and to show the superiority of justice law in the Kingdom of Saudi Arabia that had drew its provisions from the Islamic legislation, and to demonstrate the litigant's right to reject the arbitrator who has a challenge in the impartiality or independence, by identifying the basis of the reasons that may affect the impartiality or independence of the arbitrator, the procedures to be followed by the claimant of the rejection in the case of the arbitrator rejection, and the procedures for considering the request his disqualification until its verdict.
The research concluded that the provisions of challenging the arbitrator in the Saudi arbitration law can only be conceptualized by the reference to the provisions of the Sharia, which are the origin and the governor of all the law in the Kingdom. It is found that the provisions of the arbitrator's rejection are not of the public policy in the Kingdom, and their origin can be found in the provisions of the witness in the book of the witnesses in the Islamic jurisprudence. The research also has found that the consensus of the opinion of jurisprudence with the opinion of most of the Islamic jurisprudents on protecting the arbitrator from any act that could affect his unbiasedness or independence. It is not permissible to arbitrate for whom is not permitted to be a witness, because of accusation. Thus, the basis of the arbitrator's rejection is the accusation. |
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Supervisor |
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Dr. Abdul Razzaq Gajan |
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Thesis Type |
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Master Thesis |
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Publishing Year |
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1440 AH
2019 AD |
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Added Date |
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Wednesday, August 21, 2019 |
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Researchers
| ياسر أحمد باسهيل | Basuhail, Yaser Ahmed | Researcher | Master | |
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