Recognition and Enforcement of Arbitral Awards in Egypt, Saudi Arabia and Iraq: Could There Be a Region-specific Approach to International Arbitration?
Recognition and Enforcement of Arbitral Awards in Egypt, Saudi Arabia and Iraq: Could There Be a Region-specific Approach to International Arbitration?

Summary/Abstract: Arbitration award enforcement proceedings are the crucial point of anydispute, as even the most groundbreaking award is pointless if it cannot be executed.The issue of the enforceability of awards is especially interesting in the region usuallyomitted from discussions on alternative dispute resolution: West Asia and NorthAfrica. Usually portrayed as a monolith, the Arab states counter this assumption bytaking on a highly nuanced and jurisdiction-specifc approach to international arbitration. This paper presents snippets of recognition and enforcement legislation andthe case law from three states: Egypt, characterised by its active engagement in international arbitration; the Kingdom of Saudi Arabia, traditionally vested in the legaltradition of Islamic law; and Iraq, which only recently acceded to the internationalaward implementation system. These examples are employed to determine whetherthere are any region-specifc similarities in domestic courts’ reasoning on internationalarbitration. The legislation and cases analysed herein provide a unique outlook onthese underrepresented jurisdictions, characterised by frm attachment to nationallaw and legal tradition and subjected to global currents of economic liberalisation.

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