Critical Analysis of Recognition and Enforcement of International Arbitration Awards in Malaysia and Saudi Arabia (Comparative Study)

Abstract

This paper discusses the requirements for recognition and enforcement of arbitral awards in the context of Malaysia and Saudi Arabia for the enforcement and acknowledgement of such awards, and to highlight the entailed processes in both countries. This study was achieved through the use of quantitative analysis, where data was collected from libraries and published reports. Specifically, this paper is an attempt to provide clarification to the Arbitration law in both countries relating to the requirements of recognition and enforcements of international arbitration awards. Both the Malaysian Arbitration Act 2005 and Saudi Arbitration Act 2012 were compared with the Convention on Settlement of Investment Disputes 1965 (ICSID Convention). The main objective was achieved by concentrating on providing an insight into the nature of enforceable arbitral awards and the requirements of enforcement.

Keywords: international arbitration, arbitration award, recognition, enforcement.