Department of Conflict Resolution Studies Theses and Dissertations

Date of Award

2022

Document Type

Dissertation

Degree Name

Doctor of Philosophy (PhD)

Department

College of Arts, Humanities and Social Sciences – Department of Conflict Resolution Studies

First Advisor

Dustin D. Berna

Second Advisor

Mary Schwoebel

Third Advisor

Neil H. Katz

Keywords

administrative contract, arbitration, GTP Saudi law, legal professionals, Luhmann's system theory

Abstract

Significant changes to the Kingdom’s legal system have been made in alignment with the Saudi vision 2030 to diversify the economy. One of the changes is the 2019 Government Tenders and Procurement (GTP) law that allows arbitration as a dispute resolution approach in administrative contracts. The research problem of focus was the limited understanding of Saudi Arabian legal professionals' perception of arbitration as a dispute resolution approach in administrative contracts under the GTP law. The purpose of this qualitative case study was to understand the perception of legal professionals in Saudi Arabia towards arbitration as a dispute resolution approach in administrative contracts under the GTP Saudi law. Luhmann's system theory provided the study with a scholarly underpinning. The study was conducted using a qualitative methodology and a case study design. A purposefully participants selection technique was applied to recruit 15 participants. Seven themes, namely, (a) positive, (b) progressive, (c) efficacious, (d) internationalization, (e) questionable fairness, (f) unconventional outcomes, and (g) procedural modifications were identified. Saudi Arabian legal professionals perceive arbitration reforms in the new GTP law as positive and progressive changes that could promote internationalization because of their effectiveness. Conversely, arbitration could result in questionable fairness and unconventional outcomes making is essential to consider the public’s interest before selecting the approach.

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