PROVISIONS OF THE ARBITRATION CLAUSE AUTONOMY "A STUDY ON THE SAUDI LAW"

This research deals with "the arbitration clause autonomy." However, the study aims to explain the nature of arbitration clause, as well as to analyze the provisions of the autonomy of the arbitration clause, as to conditions, effects and applications, in accordance with the Saudi Law of Arbitration and judicial rulings. The main problem of the research implies how to keep the balance between the autonomy of the arbitration clause from the original contract; and how to ensure the effectiveness of the arbitration proceedings, particularly in the existence of disputes arisin g from the parties' determination of the arbitration clause, the matter which is likely to impact the principle of justice and equality between the parties, taking into account that such principle is deemed a guarantee of procedural justice in terms of arbitration dispute. To realize the objectives of the study, the research uses the descriptive analytical and applied approaches. This research is divided into two chapters. The first chapter deals with the nature of the arbitration clause autonomy, while the second chapter discusses the effects of such autonomy. The research concludes that the arbitration clause autonomy contributes to enhancing business environment in Saudi Arabia, by providing an effective mechanism for the settlement of disputes and it accordingly enhances investment attractiveness, and it is likely to attract more national and international investments to the Kingdom. However, the Saudi Law of Arbitration does not deal with the effects of the arbitration clause autonomy clearly; neither does such law make reference to the impact of its drafting on the validity thereof or not. That is because perfect drafting of the arbitration clause enhances its autonomy from the original contract, the matter which contributes to speed up the settlement process, as well as to effectively examine disputes referred to arbitration; and it also promotes the realization of the principle of justice and equality between the parties. The research recommends that it is necessary to activate the principle of arbitration clause autonomy as contained in the legal provision, the rules of international arbitration, and practical judicial rulings, more particularly with respect to the consequences of implementing this principle. The research also recommends that the Saudi legislator should add an article to the Saudi Law of Arbitration to expressly decide the invalidity of the arbitration clause in one of these two cases: if the arbitration agreement is based on a defect related to will; and if the arbitration clause is marred b y a wording or expression defect leading to uncertainty regarding the intent of the two parties, in which case the clause will be deemed invalid, or otherwise a defective clause.