Grounds for refusal of enforcement of foreign arbitral awards under the New York Convention of 1958: With special reference to the Kingdom of Saudi Arabia

Al-Tuwaigri, Waleed Sulaiman A (2006) Grounds for refusal of enforcement of foreign arbitral awards under the New York Convention of 1958: With special reference to the Kingdom of Saudi Arabia. PhD thesis, University of Glasgow.

Abstract

The New York Convention of 1958 has been applied for the past 48 years in many contracting states, and for 12 years in Saudi Arabia. The fundamental objective of the convention is to make foreign arbitral awards more simply and extensively enforceable worldwide, and less subject to challenges based on national law. It therefore limits the exceptions on which enforcement of foreign award may be refused to the grounds listed exclusively in its Art. V. Hence, this thesis aims to examine and evaluate the grounds for refusal of enforcement of foreign awards under Art. V of the New York Convention according to both the theoretical discussions and, more importantly, the applications and interpretations by national courts of the states parties to the Convention in general. The thesis pays particular attention to the operation of Art. V of the NYC in Saudi Arabia in the light of Shari'ah rules, Saudi laws, juridical practice of the Saudi enforcing courts. This thesis comprises eleven chapters. It starts with introductory chapter to outline the aim, importance, and structure of the thesis. Chapter two demonstrates the chief characteristics associated with application and interpretation of Art. V. Chapter three deals with the ground of incapacity of the parties (Art, V(l)(a)). Chapter four discusses the ground of invalid arbitration agreement (Art. V(l)(a)). Chapter five examines the ground of violation of due process (Art. V(l)(a)). Chapter six considers the ground of excess of jurisdiction by arbitrators (Art. V(l)(c)). Chapter seven concentrates on the ground of defective arbitral tribunal and procedure (Art. V(l)(d)). Chapter eight concerns the ground that the award has not became binding or was suspended or set aside (Art. V(l)(e)). Chapter nine goes into the ground of non-arbitrability of the subject matter of the dispute (Art, V(2)(a)). Chapter ten debates the ground of violation of public policy (Art. V(2)(b)). Finally, the thesis closes with chapter eleven where the general conclusion and recommendations are given.

• Item Type: Thesis (PhD)
• Qualification Level: Doctoral
• Keywords: International relations, International law, Islamic studies.
• Subjects: K Law > K Law (General)
• Colleges/Schools: College of Social Sciences
• Supervisor's Name: Davidson, Prof. Fraser
• Date of Award: 2006
• Depositing User: Enlighten Team
• Unique ID: glathesis:2006-71119
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 10 May 2019 10:49
• Last Modified: 20 May 2021 19:31
• URI: https://theses.gla.ac.uk/id/eprint/71119