Date of Award
Doctor of Philosophy (PhD)
College of Arts, Humanities and Social Sciences – Department of Conflict Resolution Studies
Dustin D. Berna
Neil H. Katz
administrative contract, arbitration, GTP Saudi law, legal professionals, Luhmann's system theory
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.
Maryam Radhyan Almutairi. 2022. Applying Arbitration to Settle Disputes in Administrative Contracts Under the New Saudi Government Tenders and Procurement Law. Doctoral dissertation. Nova Southeastern University. Retrieved from NSUWorks, College of Arts, Humanities and Social Sciences – Department of Conflict Resolution Studies. (194)