New User? Start here.
Error goes here
Explain the nature, significance and main features of the legal principle according to which an arbitral tribunal is entitled to rule on its own jurisdiction.
In Saudi Arabia, arbitration has not been commonly used method to resolve disputes. The parties to a dispute did not trust the arbitral methods of dispute resolution. However, with the enforcement of the New Law of Arbitration in 2012, people have regained their confidence on arbitration law as a method of resolving disputes. The new Arbitration Law is based on the UNCITRAL Model law on International Commercial Arbitration (the ‘Model Law’). The Model Law was adopted by the United Nations Commission on International Trade Law (UNCITRAL), which formed the basis for law of arbitration of almost 70 countries. The new Arbitration Law is a more comprehensive rule than the former arbitration law. The new law aims at providing the ‘arbitration-friendly’ principles that exists in the modern arbitration laws that are applicable worldwide. The principles include the ability of the arbitral tribunal to regulate on its own jurisdictions and determine party autonomy.
The Model Law has been designed in a manner to enable the states to modernize and reform their arbitration laws by taking into consideration the requirement of the international commercial arbitration. It encompasses every stages of arbitration process from the jurisdiction, composition and the preparing of the arbitration agreement. Although the Model Law has been designed, harmonize and modernize the arbitration process of a state, UNCITRAL persuades the states to undergo fewer changes while including the Model Law into their statutory framework. The Kingdom of Saudi Arabia has applied the Model Law to make substantial changes while addressing the concerned issues related to the violation of the Shariah law, which is in practice, in the kingdom.
The New Law on Arbitration demonstrates substantial improvement as compared to the Old Arbitration law. The former Arbitration Law required the parties to a dispute to present an arbitration agreement before a competent authority or a court to proceed with the legal proceedings. Article 26 of the New Arbitration Law stipulates that arbitration procedures shall commence on the date on which either parties to arbitration shall receive request for arbitration from the other party.
The old Arbitration law included statutory provisions where the court was required to supervise the conduct of the arbitration proceedings. In case the parties to arbitration failed to come to an agreement upon the arbitrators, the courts are required to appoint arbitral tribunal or replace the same if necessary. However, the new Arbitration Law, which follows the Model Law, enables the parties to arbitration without court’s intervention.
The new Arbitration law lays down detail procedure regarding the selection of an arbitral tribunal in case the parties have not selected one in their agreement. It requires the arbitrators to be neutral, unbiased, and independent. It also lays down procedures to challenge the appointment of the arbitrators. Moreover, the new law of arbitration has incorporated provisions, which entitles the arbitral tribunals to determine their own jurisdictions applying the principle of ‘Kompetenz- Kompetenz’.
The new law of arbitration has entitled the arbitral courts to rule on its own decision based on the doctrine of ‘Competence-Competence’ or the principle of ‘Kompetenz-Kompetenz’. The principle is significant as it essentially provides the arbitral courts to decide on its own whether it has a competent jurisdiction to decide a dispute that has been brought before it. The principle implies that there is no need for the courts to intervene in a decision given by an arbitral tribunal ion its own competence. In other words, the arbitral tribunals do not require the courts to rule whether the tribunals have the competent authority to continue with an arbitration procedures.
The doctrine of ‘competence –competence’ or the principle of ‘kompetenz –kompetenz’ has derived from international commercial arbitration, which empowers an arbitral tribunal to determine whether it has competent jurisdictions to deal with the disputes claimed before it. However, the fact that a tribunal can rule its own jurisdiction does not prohibit a court, which is not at the arbitration seat from reviewing the jurisdiction of the tribunal. The Arbitrators cannot solely judge their jurisdiction as it would not be logical and neither acceptable. The rationale of the principle of ‘kompetenz-competenz’ is not to let the arbitrators solely determine their jurisdiction, their jurisdictions must be re-examined by the courts in case of an enforcement of award or an action to set aside an action. If a national court determines that an arbitral tribunal does not have competent jurisdiction then the court shall re-examine and any award passed by the court shall become unenforceable.
The concept of ‘Kompetenz-Kompetenz’ is essential as in the absence of the principle; it would become very difficult for the arbitrators to rule on their own jurisdiction whenever an issue arises before the arbitral tribunal. Now this would enable the party, who does not wish to resolve the dispute before an arbitral tribunal, to approach the national courts for resolution of the dispute. The principle has two aspects: the first aspect is concerned with the competency of the arbitrators to determine their own jurisdictions and the second aspect is related to the fact that the courts are entitled to determine the jurisdiction of the arbitral tribunal only after the arbitrators have determined their own jurisdictions.
The principle is recognized under Article 21 (1) of eth UNCITRAL Arbitration Rules, Artticle 6(2) of the ICC Arbitration Rules and Article 16 of the Model Law which is termed as ‘competence of Arbitral Tribunal to determine its own jurisdiction’. The article stipulates that the tribunals be entitled to determine its own jurisdiction, which shall include any doubt related to the validity and continuation of the arbitration agreement. Therefore, an arbitration clause in a contract must be considered as as agreement which is different from the other terms of the contract.
To conclude, the New Arbitration law has improved the arbitration laws in Saudi Arabia. By applying the Model Law in its legal system, the new laws have implemented the modern international arbitration practices to the arbitration practices in the country. The new laws incorporated the universally accepted International Arbitration principle of ‘Kompetenz-Kompetenz’. The improved arbitration law aims at reducing the burden of the parties to arbitral dispute by providing effective resolution to their disputes.
Al-Ammari, Saud, and A. Timothy Martin. "Arbitration in the Kingdom of Saudi Arabia." Arbitration International 30.2 (2014): 387-408.
Al-zarraa, Khadeja. "RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS: Case Study on the State of Qatar." Dispute Resolution Journal 70.3 (2015): 61.
Baamir, Abdulrahman Yahya. Shari’a Law in Commercial and Banking Arbitration: Law and Practice in Saudi Arabia. Routledge, 2016.
Bantekas, Ilias. An introduction to international arbitration. Cambridge University Press, 2015.
Bernhardt, Rudolf. Decisions of International Courts and Tribunals and International Arbitrations. Elsevier, 2014.
Craig, W. Laurence. "Some Trends and Developments in the Laws and Practice of International Commercial Arbitration." Tex. Int'l LJ 50 (2015): 699.
Nesheiwat, Faris, and Ali Al-Khasawneh. "The 2012 Saudi Arbitration Law: A Comparative Examination of the Law and Its Effect on Arbitration in Saudi Arabia." Santa Clara J. Int'l L. 13 (2015): 443.
Saleh, Samir. Commercial Arbitration in the Arab Middle East: Jordan, Kuwait, Bahrain, and Saudi Arabia. Lexgulf Publishers, 2012.
To View this & another 50000+ free samples. Please put
your valid email id.
Earn back the money you have spent on the downloaded sample by uploading a unique assignment/study material/research material you have. After we assess the authenticity of the uploaded content, you will get 100% money back in your wallet within 7 days.
Get Moneyinto Your Wallet
Total 5 pages, 1 USD Per Page
*The content must not be available online or in our existing Database to qualify as
To export a reference to this article please select a referencing stye below:
My Assignment Help. (2021). LAW 7155 Introduction To Arbitration. Retrieved from https://myassignmenthelp.com/free-samples/law7155-introduction-to-arbitration/law-and-practice-in-saudi-arabia.html.
"LAW 7155 Introduction To Arbitration." My Assignment Help, 2021, https://myassignmenthelp.com/free-samples/law7155-introduction-to-arbitration/law-and-practice-in-saudi-arabia.html.
My Assignment Help (2021) LAW 7155 Introduction To Arbitration [Online]. Available from: https://myassignmenthelp.com/free-samples/law7155-introduction-to-arbitration/law-and-practice-in-saudi-arabia.html[Accessed 21 September 2021].
My Assignment Help. 'LAW 7155 Introduction To Arbitration' (My Assignment Help, 2021) <https://myassignmenthelp.com/free-samples/law7155-introduction-to-arbitration/law-and-practice-in-saudi-arabia.html> accessed 21 September 2021.
My Assignment Help. LAW 7155 Introduction To Arbitration [Internet]. My Assignment Help. 2021 [cited 21 September 2021]. Available from: https://myassignmenthelp.com/free-samples/law7155-introduction-to-arbitration/law-and-practice-in-saudi-arabia.html.
The respective sample has been mail to your register email id
* $5 to be used on order value more than $50. Valid for
We have sent login details on your registered email.
We offer reliable academic writing service for all forms of assignments at MyAssignmenthelp.com. From dissertations to college essays, you will find all sorts of help all under one roof. Many students get confused with the right research paper outline and end up delivering an improper document. Our experts, on the other hand, are well-versed with the right guidelines for your assignments. Thus, do not hesitate to type ‘write my paper’ on our live chat portal. Let us know about your order requirements and we will send you the customised price quote instantly. Gear up for an A+ with our services.
On daily basis, people have to face a number of ethical issues, where a choice has to be made between two alternatives, where the right decision has to be made instead of the wrong one, even when the wrong decision is an easier and more profitable decision. Ethics are the codes which govern the behavior and the decisions which are taken by the individuals, on the basis of the values and the level of moral which they follow...
Preparation of audit report is the work of an auditor. It is the duty of the auditor to make a true and fair opinion over the accuracy of the financial statements. Financial statement may be used by various persons for their general purposes which are commonly known as Users of the financial statement (Arens, et. al., 2012). Some of the users of financial statements are Management, Investors, Creditors and lenders, e...
Introduction of the subject
This study seeks to understand and analyze the aspects of corporate social responsibility, ethics and accountability in an organization. The study also seeks to establish the role played by the three aspects in an organization and the impact that they have on organizational performance. Corporate social responsibility is defined as the relationship between corporate organizations and the stakeholders of the ...
1. The effectiveness and usefulness of the learning experience:
Personal opinion about the learning experience:
While working on this project, I’ve learned a whole lot of things about the social media and its advantages as well as the disadvantages while used in the context of a business. While finding out the literature related articles in this particular topic, I had to search through the internet for gaining knowledge i...
The Italian design style which has a rich texture combined with beauty. The common shape still being used to date include: arc, ellipse and triangle. Besides, it presents a design that is uncluttered, fresh and symmetrical (Virgin, 2015). The arrangement was in basic shapes of pottery, metal and glass. Therefore, it presented a perfect mix of bright colors such as red, blue, yellow and orange (Virginia, 2015)
(ii) Dutch style
Are you confident that you will achieve the grade? Our best Expert will help you improve your grade
MMM343 Business Ethics
ACCG925 Auditing And Assurance Services
BUSN20016 Research In Business
HIG3006 Merits And Demerits Of Utilizing Social Networks In Business
BSBDES202A Evaluate The Nature Of Design In A Specific Industry Context
CMSE10002 Strategic Management
COIT20246 ICT Services Management
BUS101 Business Communication
BMO2181 Operations Management
NG14 Business Information Technology
ECON1012 Principles Of Economics
LAW7057 Corporate Governance
LAW 2501 Australian Constitutional Law
SOCI 1003 Introduction To Sociology
MANAGEMT 7104 Marketing Management
GEOG 1101 Geographies Of Globalisation
LING 3021 Translation: Practice And Theory
MECH ENG 4144 Renewable Fluid Power Technology
IRHR2270 Human Resource Management
LAW 2598 Corporate Law
Just refer 5 friends to earn more than $2000.
After the successfull payment you will be redirected to the detail page where you can see download full answer button over blur text.You can also download from there.
Or you can also download from My Library section once you login.Click on the My Library icon
My Library page open there you can see all your purchased sample and you can download from there.
That's our welcome gift for first time visitors
It is too easy to create or access your own library, just enter your email and make your search
MyAssignmenthelp.com stores a huge
COLLECTION OF QUESTIONS AND SAMPLES, which you can refer to any time you want.
Every time you find something useful, you can save that using the bookmark tool. From the next time,
can access that from your personalized library.
With this feature, you get to create your own collection of documents. You get free
choose and bookmark any document you wish.
Accessing the collection of documents is absolutely easy. Once you bookmark a sample,
access its content with a few clicks on your mouse.
This personalized library allows you to get faster access to the necessary documents.
longer need to spend hours to locate the sample you need.
Finding a sample from a list of thousands is nothing less than spotting a needle in a
Personalizing your own library relieves you from that stress.
On APP - grab it while it lasts!
*Offer eligible for first 3 orders ordered through app!
ONLINE TO HELP YOU 24X7
OR GET MONEY BACK!
OUT OF 33845 REVIEWS
Received my assignment before my deadline request, paper was well written. Highly