,Full Professor of Commercial Arbitration Law
.Phd, University of Dundee, LLM, University of Aberswyth-Wales, LLB, University of King Abdul aziz, KSA
Faculty of Law , King Abdul aziz University, KSA
Chairman of Customs Appeal Committee, Jeddah, KSA, 2007-2019
. Member of Governance & Auditing Committee, AlBalad Alameen Company, Municiplity of Holy City, Makah: 2016-2018
Prof.
Naif Al-Shareef is an independent commercial arbitration. His arbitrator
experience extends to various legal fields including infrastructure &
construction projects, purchase of goods, manufacturing, distribution,
intellectual property, partnership, joint ventures and sports. He served as
chair, sole and co-arbitrator. He has over years of experience acting as chair of customs appeals court. Following his PhD in international commercial arbitration built an impressive
reputation as an arbitrator in commercial, construction and engineering
Professional
Opinions: [2014 - Present].
I
have been, instructed by parties in ICC arbitration cases to address questions
as a matter of Sharia and Saudi law. Scope of the engagement include but not
limited to the followings: The sources of law that are applicable under Saudi
Law with respect to contracts and arbitration.
The
basic principles of contractual interpretation under Saudi law.
The
viewpoints of Shari'a and Saudi regulations concerning principles of good
faith, Estoppel, abuse of right, pacta sunt servanda and L'exception
d'inexecution; reneging.
The
viewpoint of Saudi regulations towards limitation period and how a provision
requiring
a
lawsuit to be commenced, "with a reasonable time after the claim, dispute
or other matter"
has
arisen would be interpreted by a Saudi court.
The
viewpoint of Saudi courts towards enforcement of an agreement between parties,
that the require parties to go first to mediation prior to commencing
arbitration.
The
viewpoint of Shari'a provisions, Saudi regulations and domestic case law on
whether
a
party who has, (i) entered into an arbitration agreement is entitled to
commence an arbitration under that arbitration agreement with respect to a
specific dispute after the party has refused to participate in an arbitration
regarding the relevant contract after the specific dispute has arisen. Or (ii)
taken and continues to take the position in state court that
the
arbitration agreement has been waived by both parties or that it is invalid as
a matter of
Saudi
public policy.
As a
matter of Saudi law, is a party entitled to maintain in one set of proceedings
in a dispute with a party that a provision is invalid, and then commence a
second set of proceedings against the same party under the same contract and
maintain that the provision is invalid. The procedure for annulment of
international arbitration awards in Saudi Arabia and enforcement of
international arbitration awards in Saudi Arabia. What is the difference
between an action to annul and an action to object to enforcement of an
arbitration award? What is the legal status of an award rendered in Saudi
Arabia, which has not been, annulled?
Practice-Related
Experience [2001 - 2015].
Director
of the LLM program, Faculty of Law, King Abdul Aziz University, Jeddah, Kingdom
of
Saudi
Arabia (“KSA”).
Head
of the Complaints and appeals Committee in the Municipal Elections in Jeddah
Governorate. Member of Custom Appeal Committee in Dammam, Eastern Province.
Head
of Law Department, King Faisal University in Al-Ahsa.
Chairman
of the Municipal Elections, Subcommittee in Al-Ahsa, Eastern Province.
Scientific
Research & Books [2014 - Present].
A
Book in Arabic Language entitled “THE SAUDI ARBITRATION LAW”: in the light of
Saudi- Case Law, International conventions and procedural rules of Local,
Regional and International Arbitration Centers, Sheqri for Publishing and
Information Technology, Jeddah, ??.
A
Book in Arabic Language entitled “THE SAUDI ARBITRATION LAW” in the light of
Modern Commercial Acts & Saudi Case-Law in the kingdom of Saudi Arabia,
Sheqri for Publishing and Information
Technology,
?.
Lead
author of an Arabic Language book entitled "Commercial Law" (?), Dar
Hafez for
publication
and distribution, Dar Hafez for Publication, th edition.
A
book in Arabic entitled "Saudi Commercial Law: in the light of modern
commercial Acts and Case law in Saudi Arabia", (?).
A
book in Arabic, entitled "Introduction to the Study of Laws in Saudi
Arabia," (?), Dar Hafez for Publication, thed.
Implementation
of the Provisions of foreign arbitration Awards in Saudi Arabia, the magazine
of the Lebanese Arbitration: Arab and international, vol. () , ??.
Legal
Dimensions of Indication of origin Under the Unified Customs Law of Gulf
States: A study of the case of Saudi Arabia, Journal of the Faculty of
Economics and Administration,
King
Abdul Aziz University, vol. (), nd ed. ( AH / ? AD).
Criminal
Protection of the cheques in the Kingdom of Saudi Arabia: A Critical Study, the
Journal of Legal Studies, Faculty of Law - University of Asyut, vol. number (?),
?.
A
Critical Study of the Saudi arbitration Law, Journal of Legal and Economic
Research, Faculty of law University of Al-Mansoura, vol. (?), ?.
Environmental
Crimes and Penalties in Saudi Arabia: A comparative Study, Journal of the
Faculty of Economics and Administration, King Abdul Aziz University, vol. (),
(H).
Civil
Penalties Arising from the breach of regulations and rules of book-keeping in
light of
Saudi
Commercial Laws, Journal of Legal and Economic Research, University of Al-
Mansoura,
vol.
(), ?.
Arbitration
Involving Disputes of Public Firms in Saudi Arabia: An analytical study of the
New Arbitration Law, Journal of Legal Research and Economic, Al- Mansoura University,
Research
Interests
Arbitration
in Investment and Commercial issues.
Governance of Public and Private
Companies.
International Trade Issues.
Customs
and Intellectual Property Issues. Environment and Sports Issues.
Administrative,
Confiscation & Nationalizations issues.
Foreign
investors’ Rights under National & International rules.
Liquidation,
Acquisition & Bankruptcy of domestic & foreign companies.
Termination
of contracts & compensation for damage.