The Effectiveness of Compulsory Arbitration in the Settlement of Disputed Marine Insurance Claims: A Case Study of Saudi Arabia

Marer, Amer (2019) The Effectiveness of Compulsory Arbitration in the Settlement of Disputed Marine Insurance Claims: A Case Study of Saudi Arabia. PhD thesis, University of Lincoln.

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The Effectiveness of Compulsory Arbitration in the Settlement of Disputed Marine Insurance Claims: A Case Study of Saudi Arabia
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Abstract

Arbitration has an effective role in the settlement of commercial disputes. Legal practitioners in arbitration argue that it is more efficient, faster and economical than the litigation system. It is trite that investors gravitate towards emerging economies with effective legal framework. Saudi Arabia being an important shipping hub, its dispute resolution system is of paramount importance to investors particularly in respect of settlement of disputed marine insurance claims. The legal system of Saudi Arabia is principally moulded along the lines of Sharia law. There are, however, western-styled legislations regulating specific aspects of the Saudi Arabian legal system. The dual existence of Sharia laws and legislations led to the respective creation of Sharia courts and administrative committees for the settlement of disputes. This duality creates ambiguity, tension and chaos in the legal system thereby making settlement of disputed marine insurance claims difficult and unpredictable. The author believes in the effectiveness of compulsory arbitration as an efficient tool in resolving complex commercial disputes generally and as a result of the inherent complications of the present Saudi Arabian legal framework. This thesis, therefore, examines the present legal regime for the resolution of disputed marine insurance claims in Saudi Arabia and recommends the introduction of compulsory arbitration in light of the recently enacted Saudi Arbitration Law of 2012, the Enforcement Law of 2012 and the establishment of the Saudi Centre for Commercial Arbitration. The compulsory arbitration suggested by the author is a statutory obligation to arbitrate imposed on disputing parties as opposed to a pre-dispute arbitration agreement entered into by the parties. If introduced, compulsory arbitration will create certainty in the marine insurance dispute resolution framework, which will invariably boost investors’ confidence in the Kingdom. In discussing the theme of this research, the laws governing marine insurance in Saudi Arabia, the validity of conventional forms of insurance under Sharia law and Sharia compliant forms of insurance will be considered. A comparison will also be undertaken between the old Saudi Arbitration Law of 1983 and the Arbitration Law of 2012 showing the improvement in the Saudi Arabian arbitration system and the areas where reforms are needed to ensure compatibility with international standards.

Keywords:Arbitration, commercial disputes
Subjects:M Law > M200 Law by Topic
Divisions:College of Social Science > Lincoln Law School
ID Code:35703
Deposited On:17 Apr 2019 13:18

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