International Arbitration in International Investments A study of the Essay

worldwide Arbitration in International Investments A study of the effectiveness of The International Investments Arbitratio - Essay ExampleThe get hold of of this dissertation is to study the current arbitration legal philosophys in the Kingdom and examine the extent of the effectiveness of investment arbitration. The new 2012 arbitration laws heap be said to be a welcome change in the arbitration scenario in Saudi Arabia, as it tries to rectify the drawbacks of the old law. The new law traces many of its alimentation to the model law, and therefore has concepts that have an internationalist outlook. One major change in the new law is where the role of the court has been changed from a supervisory body to that of an advisory body. This marked change means that the arbitral bodies have extra powers in the enforcement of arbitral awards. The new 2012 law therefore has provisions that can silence the fears of foreign investors and bring astir(predicate) the effectiveness of ar bitral awards in Saudi Arabia. Abstract Since the ARAMCO case, doubts have arisen about the effectiveness of international investment arbitration in Saudi Arabia. This dissertation will study and break the extent of the effectiveness of investment arbitration in the Kingdom. In the first chapter, the nature and scope of international investment arbitration will be discussed. ... The study of this approach includes analysing the ARAMCO case and the impact it has had. Also, the chapter discusses the basic principles of arbitration included in the SAL and the extent of its contribution to the effectiveness of arbitration. Chapter Four includes an analysis of the role of Saudi courts in the effectiveness of investment arbitration at the start of the arbitration process until arbitration award is rendered. The utmost chapter focuses on the obstacles of the recognition and enforcement of the arbitration award and analyses the defences, whether formal or substantive, that may lead to the nullity of the arbitral award according to the SAL. The last part of the chapter addresses the analysis of the conditions required for implementation of the arbitration award. Introductionntroduction Arbitration can be termed as a private method of dispute resolution chosen by the parties themselves as an effective way of putting an end to disputes between them, without recourse to the court of law.1 For international investments, investors have international arbitration to be the only vital mechanism to resolve disputes arising within the limits of the host state.2 It is an start out to achieve some kind of balance between two parties whose legal statuses differ by whiz party being of Private International Law and the other of Public International Law. 3 Furthermore, it is alike a way to not apply the authority of regulations and the local judiciary4, which increases in particular cases where these regulations are any unclear or investors are unaware of them. This happens to be true in the Kingdom of Saudi Arabia (KSA)5, where Islamic Sharia (Sharia)6 law dominates and controls the