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Colleges

Arbitration in Civil and Commercial Transactions in Comparative Law

Course Description: This course covers the nature of arbitration as the most important means of resolving disputes arising from civil and commercial transactions outside of judicial proceedings.
Credits: 2
Objectives of the course :

This course aims to provide the student with comprehensive knowledge of arbitration as one of the most important means of resolving disputes arising from civil and commercial transactions outside the judicial framework. This will be achieved by defining arbitration, studying the arbitration agreement and its procedures until the issuance and execution of the arbitral award, in light of the provisions of IslamicSharia and the regulations in force in the Kingdom of Saudi Arabia, while employing a comparative approach in light of other legal systems, and within the allocated time.

Course outputs :

Knowledge and understanding:
The student should be familiar with the arbitration system, its importance, and its types.
2- The student explains the arbitration procedures.
3. The student should explain the differences between arbitration and other dispute resolution methods.
Skills:
1- The student distinguishes between the forms of arbitration agreements and the effects of arbitration awards.
2. The student shall classify the provisions for the enforcement of arbitral awards at the domestic and international levels.
3. The student will deduce the general rules and principles of arbitration.
Values, autonomy and responsibility:
The student shall commit to applying the jurisprudential and legal principles they have learned when addressing case studies.
2. The student must exercise accuracy and scientific integrity when researching learning resources on international arbitration issues.
3. The student demonstrates commitment to the general rules and principles of arbitration in achieving justice.

Additional information:

Course Topics:
Introduction to the arbitration system, its importance, types, and legal nature at the domestic and international levels.
Definition of Arbitration Rules, Forms of Arbitration Agreement, How to Conclude an Arbitration Agreement, Place of Conclusion of Arbitration Agreement, and its Effects.
Procedures for selecting arbitrators and grounds for removing arbitrators.
Provisions of the arbitration agreement, arbitration procedures, arbitration award, and grounds for annulment of an arbitration award.
Methods for challenging arbitral awards and for enforcing arbitral decisions at the domestic and international levels.
Arbitration definition in intellectual property disputes. (Midterm Exam)
Introduction to international efforts to establish uniform rules for arbitration.
The role of arbitration in the swift resolution of international disputes and the means of enforcement for foreign arbitral awards.
The definition of unified international rules in international commercial arbitration.

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