The role of the court Essay Example | Topics and Well Written Essays - 4000 words

The role of the court - Essay Example This is clear from Article 22/1 of this law, where it states that "the competent court may, upon the request of either party, order provisional or precautionary measures prior to commencing arbitration proceedings, or upon request by the arbitration tribunal during arbitration proceedings". In this article, rights are limited to the Arbitral Tribunal during the arbitral process without mentioning the rights of the two parties at this stage. This is confirmed by the division between these cases with the preposition "or", which in this context conveys the meaning of differentiating between the two matters. 1.1.2 Gathering Evidences Article 22/3 of the SAL 2012 states the right of the Arbitral Tribunal to request interference of the competent court or any competent agency in order to assist the tribunal during the arbitration procedure. Summoning a witness or rendering documents are examples of this in effect.1 This is also contrary to the former law, which did not contain any similar provisions. Among its provisions, the SAL 2012 does not include granting either party the right of such a request from the competent court. ... Based on the SAL 2012, it is admissible whenever arbitration is commercial for two reasons. First, the provision of Article 2 of this law states the applicability of the provisions of this law to each event of arbitration carried out in the Kingdom and international commercial arbitration held abroad. The second reason is that Article 22, which contains the stipulation of gathering evidence and issuance of Interim Measures, includes general provisions as it does not differentiate between domestic and international arbitration. This is in contrast to the Model Law, by which the Saudi legislature is inspired, states that requesting the assistance of the competent court occurs in place of arbitration.2 This confirms that the Saudi legislature intends to allow the request of this intervention if the location of arbitration is only in the Kingdom. Otherwise, it would have been mentioned as an essential point in the Model Law. Confirmation of such an assumption, and also the Saudi legislat ure intends to in respect to gathering evidence, is based on the rules of Sharia, which form a large part of the constitution of the Kingdom and should not be violated by any law.3 For any Muslim requested to testify and render a document that helps to clarify the truth, he must do so under this law.4 Otherwise, he would be condemned.5 In general, Sharia does not discriminate between the seat of arbitration and the nationality of the beneficiary.6 1.1.3 Extending The Duration of Arbitration Contrary to the former law, and even the Model Law, the SAL 2012 grants either party the right to request to extend the duration of arbitration after the expiration of the period stated in the arbitration agreement, or that which is stipulated by the law when