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Deanship of Graduate Studies
Document Details
Document Type
:
Thesis
Document Title
:
RULES OF PLEADINGS BEFORE THE ARBITRATION BODIES IN THE ISLAMIC JURISPRUDENCE & SAUDI SYSTEM. A COMPARATIVE APPLIED STUDY
قواعد الترافع أمام هيئات التحكيم في الفقه الإسلامي والنظام السعودي
Subject
:
Faculty of Arts and Humanities
Document Language
:
Arabic
Abstract
:
Th problem of the study implies in demonstrating the feasibility of applying rules and procedures stated in the codes of both Shariah Procedures and pleading before the Board of Grievances and the arbitral tribunals? In addition to, the rules and procedures in the UNCITRAL Rules of International Commercial Arbitration before the arbitral tribunals trying the case in accordance with the Saudi Arbitration Law. This study aims at clarifying the proper course of pleadings before arbitral tribunals and indicate the extent of applying the procedures sated in the codes of both Shariah Procedures and pleading before the Board of Grievances to be used before the arbitral tribunals as well as rules and procedures provided by UNCITRAL Arbitration Rules before the arbitral tribunals in the Kingdom of Saudi Arabia. The importance of this study is reflected through the consideration of main judicial guarantees in the dispute of arbitration, namely, respect the principle of the authorities managing its disputes and the freedom of the parties of dispute to choose the rules the arbitral tribunal follow in trying the arbitration case, but failure to abide by these rules and procedures is deemed to be a gross breach leads to the invalidity of the arbitration award as the validity of the pleading is achieved by justice. Since there is a dare need to know the rules followed before the arbitral tribunals, especially what the arbitration system or even the executive regulations issued in 1438 H ignored, then and for other reasons the importance of this research is highlighted. Adjudication of disputes through arbitration is an important factor in the progress of many commercial transactions in developed countries and demonstrating the rules of pleading before arbitral tribunals is no less important...
Supervisor
:
Prof. Abdulrahman Nafi Al-Salami
Thesis Type
:
Doctorate Thesis
Publishing Year
:
1439 AH
2018 AD
Added Date
:
Thursday, June 28, 2018
Researchers
Researcher Name (Arabic)
Researcher Name (English)
Researcher Type
Dr Grade
Email
ناصر حمد أزيبـي
Azyabi, Nasser Hamad
Researcher
Doctorate
Files
File Name
Type
Description
43510.pdf
pdf
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