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

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.