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The Adoption and Enforcement of Anti-Suit Injunctions in Saudi Arabia: A Comparative, Analytical and Critical Study

Alsuhaibani, Sulaiman Saleh S (2016) The Adoption and Enforcement of Anti-Suit Injunctions in Saudi Arabia: A Comparative, Analytical and Critical Study. PhD thesis, University of Leeds.

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Abstract

The rapid changes and fast development in international trade and the economy has resulted in a complicated relationship between countries, people and business. The impact of this can be seen in many areas of legal studies and law. Private international law, or the conflict of law, is one of the areas that have been through major development and improvement. Private international law or the Conflicts of Laws covers the case in which the law for more than one country is involved. Hence, the allocation of jurisdiction in cases where a foreign element is involved is significant. Courts around the world may be determined to exercise their power according to their own national jurisdictional rules without any involvement from other courts. The English courts have used anti-suit injunctions to protect their own jurisdiction and to enforce arbitration agreements and jurisdictional clauses. This injunction is a remedy granted to prevent a defendant from commencing or continuing proceedings in a foreign court. This thesis is about whether anti-suit injunctions are enforceable and recognisable in Saudi Arabia. It also examines whether the concept of antisuit injunctions can be useful as a remedy in the Saudi legal system. To address this, the research evaluates and examines the sources of law in Saudi Arabia, and the process of legislation in the country. It explains and looks at the different types of courts and judicial committees in Saudi Arabia, and how they confer jurisdiction. The thesis also provides an evaluation of the influences that international law has on Saudi law. It also explores and examines the rules and laws of jurisdiction in Saudi Arabia, as well as the processes and methods used for the enforcement of foreign judgments. A clear explanation and consideration of the historical background of anti-suit injunctions and their use is developed in this research. The thesis provides a discussion about the enforcement law of Saudi Arabia, and the enforcement process, as well as an evaluation of the law and rules of jurisdiction and litigation in Saudi Arabia. The study finds that the application of the Sharia principles and the Saudi public policy is confusing. This leads to a state of uncertainty regarding the enforceability and recognition of a foreign anti-suit injunction by the Saudi courts. It also finds that the domestic use of the anti-suit injunction within the Saudi judicial system would face certain challenges. However, it suggests that a Saudi anti-suit injunction should be granted against foreign proceedings in several cases; to enjoin parallel proceedings where the same dispute involving the same parties is concurrently brought before a Saudi court and a foreign court; to enforce a choice of court agreement where the Saudi forum is the only choice; or, in support of an arbitration agreement. Finally, this thesis argues that a further improvement and development of the Saudi legal system is vital, however, a strong political will is needed to recognise, regulate and provide all the means and resources required for this improvement and development to be active and effective.

Item Type: Thesis (PhD)
Academic Units: The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) > Centre for Business Law and Practice (Leeds)
Depositing User: Mr Sulaiman Alsuhaibani
Date Deposited: 13 Mar 2017 12:53
Last Modified: 13 Mar 2017 12:53
URI: http://etheses.whiterose.ac.uk/id/eprint/16391

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