Research Student: Hamdan Darwish G Alghamdi
The Effect of Public Policy on the Enforcement of International Arbitration Award: A Comparative Study of England and Saudi Arabia
Public policy is a controversial ground for refusing the recognition and enforcement of foreign arbitral award, which has been respectfully accepted in private international law. The judicial legal system in any country uses its discretionary power for the definition and application of public policy notion to use it as a ground for refusal of recognition and enforcement of foreign arbitration awards.
Thus, it falls in one of two categories either narrow notion by adopting the international public policy as ground for refusal of recognition or enforcement of international arbitration award, or broader notion of public policy by referring to national public policy for example English public policy or referring to religious principles like public policy of Sharia’h as in Saudi Arabia.
This research discusses the recognition and enforcement of foreign arbitral award and its conflict with public policy in two countries England and Saudi Arabia. I have chosen these two countries because English legal system is based on common law and have modern legal system for arbitration which has incorporated UNCITRAL Model Law and Saudi Arabia which has different legal system dominated by Shari’ah and has incompatible and conflicting arbitration legal system with international commercial arbitration.