Critical Analysis of the Saudi Commercial Arbitration Law Position on the Appointment of Women As Arbitrators: Obstacles and Solutions

Alqahtani, Rahaf (2022) Critical Analysis of the Saudi Commercial Arbitration Law Position on the Appointment of Women As Arbitrators: Obstacles and Solutions. Doctoral thesis, University of East Anglia.

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Abstract

This thesis explores the evolution of the Saudi Commercial Arbitration law and the legal challenges related to recognising and enforcing commercial arbitral awards. Moreover, it sheds light on international treaties concerning commercial arbitration law and the role of women, especially the ones to which Saudi Arabia is a signatory. The role of women in the Saudi judicial system has become more visible and effective. Currently, they are licensed lawyers and legal academics. Nonetheless, one of the issues the thesis examines regarding Saudi arbitration law is that it remains unclear whether women are legally allowed to become arbitrators. The law remains silent, which makes it subject to interpretation. Some interpretations limit arbitration to men, while others open it up to women. The thesis suggests that the involvement of women as arbitrators has to be legally clarified to avoid unnecessary confusion and put forth the requirements for arbitration licenses for women. That way, the Saudi commercial arbitration law clarifies that the parties to arbitrate on in the Kingdom can choose an arbitrator regardless of gender. It concludes by offering a prescription which spans from repealing and replacing the current commercial arbitration law to amending article fourteen of the law to clarify the issue, to triggering the international treaties on arbitration to which Saudi is a signatory by clarifying that the gender of an arbitrator is not restricted in Islamic law. Therefore, the Saudi commercial arbitration law recognises the role of women in arbitration. Any of the three proposals can serve the purpose and assist the Saudi commercial arbitration law to become more inclusive as it aspires to achieve the objectives of the Kingdom’s 2030 vision.

Item Type:	Thesis (Doctoral)
Faculty \ School:	Faculty of Social Sciences > School of Law
Depositing User:	Chris White
Date Deposited:	05 Sep 2023 12:32
Last Modified:	05 Sep 2023 12:32
URI:	https://ueaeprints.uea.ac.uk/id/eprint/92993
DOI:

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