Date of Award
12-2022
Document Type
Dissertation
Degree Name
Doctor of Juridical Science (SJD)
Abstract
Foreign investments are considered an efficient and effective instrument to diversify and strengthen the economy; foreign investors generally need guarantees before entering a new market. One of these guarantees is a stable, transparent, predictable legal and judicial system. Such a system must be open to foreign laws and judgments as well as foreign arbitral awards, and it must also be flexible to increase foreign investments. Saudi Arabia has tried since the 50s’ to be more attractive to foreign investors and investments by enacting legislation and creating a modern court system to diversify their economy. However, the discretion of Saudi judges in applying and understanding Sharia is problematic as Sharia is very broad, and judges tend to use the conservative way when dealing with foreign subjects, laws, or bonds. Therefore, foreign investors, scholars, and practitioners need to know the mechanism of the Saudi enforcement court system; also, Saudi officials need to know how to improve their enforcement system to be more attractive and adaptable.
For this, the research used secondary materials, laws, and court judgments and study the efficiency of the enforcement process in Saudi Arabia as an instrument to enhance foreign investments.
Recommended Citation
Alshamsi, Mohammed Rashed Mohammed Arhama, "Foreign Judgments and Foreign Arbitral Awards Enforceability as a Factor and a Guarantee for Foreign Investments: the Case of Saudi Arabia" (2022). Maurer Theses and Dissertations. 117.
https://www.repository.law.indiana.edu/etd/117