Document Details

Document Type : Thesis 
Document Title :
RESPONSIBILITY AND IMMUNITY OF THE ARBITRATION COMMITTEE IN ISLAMIC JURISPRUDENCE AND SAUDI LAW
مسؤولية وحصانة هيئة التحكيم في الفقه الإسلامي والنظام السعودي
 
Subject : Faculty of Arts and Humanities 
Document Language : Arabic 
Abstract : Thesis Title: Responsibility and Immunity of the Arbitration Committee in Islamic Jurisprudence and Saudi Law: Comparative Analytical Study. Prepared by Student: Mishal Mohammad Bedaiwi Al-Humayyani Academic Supervisor: Dr. Mazin Abdulatif Al Bukhari Thesis issue : It can be summarized as follows: 1- As most of the arbitration issues were already discussed, yet the institutional arbitration – in general – and the responsibility and immunity of the arbitration committee – in particular – have not been verified or studied in details by a scientific method , which requires to be done. 2- The legal texts related to the thesis needs to be reviewed and developed, particularly 3rd Para. of article (8), 4th Para. of article (11), article (12) of the license rules regulation of Saudi arbitration centers and article (16) of the arbitration rules in connection to Saudi center for commercial arbitration. 3- To the best of my knowledge, I have not seen any academic study that identify responsibility and immunity of the arbitration committee in Saudi Arabia, which requires to be done. 4- The importance of specifying the existing relationship between liability and responsibility terms, the issue which requires further investigation. 5- Highlighting the existence of claims related to the arbitration committee responsibility and to determine the competent judicial authorities to those claims, which requires further investigation. Thesis Targets: 1- Investigate the responsibility and immunity of arbitration committee after the issuance of a new arbitration code with its executive bylaw, several cabinet’s resolutions regulating the institutional arbitration in Saudi Arabia and after the issuance of a number of regulations from the standing committee for Saudi arbitration centers. 2- Adjust the thesis terminologies, including responsibility, immunity, liability and institutional arbitration to bridge the deficiencies aspects in the Saudi judicial library. 3- Investigate the extent of existing protection provided to an arbitration committee when a dispute submitted before it in order to be enlightened with the track drawn to it, so it will know its limits, powers and consequences of its actions in arbitration. 4- Indicate the realty of institutional arbitration in Saudi Arabia and its impact on the responsibility and immunity of the arbitration committee. Thesis Approach: The following was approved: 1- Analytical Approach: To apply common rules on similar segments and applications by understanding the common rules and perceiving the reason of being applied on a certain issue. It is also known as Deductive Approach. 2- Comparative Approach: to handle a certain topic in two or more different systems with the purpose of demonstrating the aspect of similarity and differences between them in order to reach appropriate rules that govern the subject. Most Significant Results: 1- The existence of a responsibility on the arbitration committee, it may be procedural or criminal responsibility through financial fine and there is no civil responsibility. 2- The civil immunity of an arbitration committee is realized through the juristic rules set out for immunity. There is no criminal immunity. 3- The consequences arise from procedural responsibility is the invalidity of the arbitration award. The consequences of criminal responsibility is financial compensation. 4- The non-inclusion of a legal text regarding the arbitration committee’s responsibility and immunity by Saudi arbitration law and its executive bylaw was intentional. Significant Recommendations: 1- Conduct further studies on the immunity and responsibility of the Arbitration committee to enrich the Saudi judicial and jurisprudence library and bridge the gap in this domain. 2- Conduct further studies regarding the standing committee for Saudi arbitration centers and the Saudi center for commercial arbitration. 3- Disseminate the culture of arbitration through training courses, workshops, television programs and general symposiums in addition to publish works on arbitration committee’s responsibility and immunity. 4- Establishing the national center for responsibility and liability, The center is interested in preparing studies and researches regarding responsibility and liability in all fields from a religious and legal standpoint. 
Supervisor : Dr. Mazen Al Bukhari 
Thesis Type : Doctorate Thesis 
Publishing Year : 1441 AH
2020 AD 
Added Date : Thursday, March 12, 2020 

Researchers

Researcher Name (Arabic)Researcher Name (English)Researcher TypeDr GradeEmail
مشعل محمد الحميانيALHUMAYYANI, MISHAL MohammedResearcherDoctorate 

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 46076.pdf pdf 

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