Power of the Arbitral Tribunal authorized to conciliate "Comparative study between Saudi Arbitration Law and The UNCITRAL Model Law on International commercial Arbitration"

Abstract

Amiable arbitration  is a type of arbitration beside arbitration by judgment. Arbitration laws and regulations have permitted this type of arbitration and established a legal framework governing it. These laws and regulations drew the way to grant arbitral tribunal this power.  However, there are some restrictions on this power. Although arbitration laws are influenced by the 1985 UNCITRAL Model Law on International Commercial Arbitration and its 2006 amendments (the Model Law), the Saudi arbitration law differs from the Model Law in some legal rules related to amiable arbitration. These provisions were studied using a comparative method between the provisions of the Saudi arbitration law and the Model Law, with the assistance of some judicial applications to assess the current status of amiable arbitration rules in the laws under study. This study concluded with a number of results, which the most important are that the Saudi arbitration law granted the arbitration tribunal a broad authority in applying the rules of justice and fairness, unlike the model law, which restricted it to taking into account the terms of the contract and the customs followed among merchants. when it is not possible to reach an arbitration ruling by consensus of the members of the arbitration tribunal when it is formed with more than one member, the arbitration tribunal must apply arbitration by the judiciary and issue a ruling in accordance with the legal rules applicable to the dispute.