Appointing a Non-Muslim as an Arbitrator in Administrative and Commercial Contract Disputes: A Saudi Perspective

Abdullah Mushkhus Almutairi 2, Eltayeib Hussein Sharaf Addin 3,

& Hani Mounes Awad 3

https://doi.org/10.62271/pjc.16.4.1003.1010

Abstract

This study examined how non-Muslims can be appointed arbitrators to decide administrative and commercial contract disputes under Saudi law. The study adopted a descriptive methodology by analyzing and interpreting the data collected from legislations related to the topic, jurisprudential views in Islamic Sharia Law, judicial practices, and international conventions to investigate the subject matter. The outcomes of the study expose that appointment of a non-Muslim in adjudicating administrative and commercial contract disputes through arbitration is permissible in Saudi law according to the enforceable Arbitration Law of 2012, jurisprudential views in Islamic Sharia Law, judicial practices, and international conventions. Furthermore, it is not required to appoint the arbitrator religion in arbitration laws. In conclusion, non-Muslims’ participation in arbitral tribunals demonstrates that they have become genuine members of these tribunals. This leads to achieving equality and prosperity in society by benefiting from the services of expert and competent individuals.

Keywords:    Non-Muslim, arbitrator, administrative, commercial, contracts.