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2. The enforcement of directors' duties in the context of shareholders' rights protection : a comparative study between UK and Saudi law

Author

Albrahim, Mohammed, Milman, David, and Lawton, Philip

Subjects
346
Abstract

Corporate governance has been the topic of intense research and policy debates over the past two decades. Clearly, the duties that directors owe to their company are a key component of corporate governance. These duties were introduced in an attempt to create a fair and balanced relationship between shareholders and directors. This balance is needed to regulate tensions between ownership and control of companies. Nonetheless, if directors’ duties are not enforced effectively then these obligations will probably have no real impact on corporate management. The key objective of the current thesis is to analyse and assess the enforcement actions under Saudi law that can be taken against directors in breach of their duties compare to their counterparts in UK. This is done in the hope of benefiting from other countries’ more advanced political, financial and legal institutions and avoiding any shortcomings identified in existing legal systems. The newly enacted Companies Law 2015 substantially reformed and modernised company law in the country, yet it has not made any significant inroads in regards to enforcing the duties of directors. It was found that the new legislation requires further amendment and revision. The study found that the text stipulating the duties of directors in Saudi law that directors' substantive responsibilities are observed, though certain aspects are clearly ignored or neglected. What is required henceforth is for directors under Saudi law to have a broader way of covering director actions and behaviour. Also, it was argued that if directors are in breach of their duty in Saudi Arabia then there is no effective legal course by which private actions can be initiated to punish or reprimand the wrongdoers. On the other hand, the author found that public enforcement actions are not only sufficient but more efficacious compared to private actions and enforcement. Therefore, this study proposes to a number of changes to existing Saudi Law and argues that the legal system in Saudi Arabia would benefit as a result.

Published
2016

5. Datasets and future research suggestions concerning the novel Coronavirus (COVID-19)

Author

Szmuda, Tomasz, primary, Ali, Shan, additional, Özdemir, Cathrine, additional, Syed, Mohammad Talha, additional, Singh, Akshita, additional, Hetzger, Tarjei Vevang, additional, Rosvall, Philip, additional, Fedorow, Karolina, additional, Alkhater, Ahmed, additional, Majlöf, Anders, additional, Albrahim, Mohammed, additional, Alquraya, Eyad, additional, Al Dunquwah, Rakan, additional, Al-hakeem, Zahraa, additional, Almohisin, Emad, additional, Alradhi, Mohammed, additional, Zydowicz, Weronika Magdalena, additional, Müller, Charlene, additional, Egeland, Ada, additional, Bergersen Kinstad, Aurora, additional, Ngyuen, Jessica, additional, Bergersen Kinstad, Martin, additional, Al-Rubaye, Ibraheem, additional, Al-Khazragi, Yasmin, additional, von Dardel, Beatrice, additional, Dave, Bhakti, additional, Słoniewski, Paweł, additional, Fercho, Justyna, additional, and Kierońska, Sara, additional

Published
2020
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7. The enforcement of directors' duties in the context of shareholders' rights protection:a comparative study between UK and Saudi law

Author

Albrahim, Mohammed

Abstract

Corporate governance has been the topic of intense research and policy debates over the past two decades. Clearly, the duties that directors owe to their company are a key component of corporate governance. These duties were introduced in an attempt to create a fair and balanced relationship between shareholders and directors. This balance is needed to regulate tensions between ownership and control of companies. Nonetheless, if directors’ duties are not enforced effectively then these obligations will probably have no real impact on corporate management. The key objective of the current thesis is to analyse and assess the enforcement actions under Saudi law that can be taken against directors in breach of their duties compare to their counterparts in UK. This is done in the hope of benefiting from other countries’ more advanced political, financial and legal institutions and avoiding any shortcomings identified in existing legal systems. The newly enacted Companies Law 2015 substantially reformed and modernised company law in the country, yet it has not made any significant inroads in regards to enforcing the duties of directors. It was found that the new legislation requires further amendment and revision. The study found that the text stipulating the duties of directors in Saudi law that directors' substantive responsibilities are observed, though certain aspects are clearly ignored or neglected. What is required henceforth is for directors under Saudi law to have a broader way of covering director actions and behaviour. Also, it was argued that if directors are in breach of their duty in Saudi Arabia then there is no effective legal course by which private actions can be initiated to punish or reprimand the wrongdoers. On the other hand, the author found that public enforcement actions are not only sufficient but more efficacious compared to private actions and enforcement. Therefore, this study proposes to a number of changes to existing Saudi Law and argues that the legal system in Saudi Arabia would benefit as a result.

Published
2016

10. Cerebral Cavernous Malformation Bleeding Following Cerebrospinal Fluid Diversion Surgery: A Case Report and Literature Review.

Author

Salem R, Almutairi OT, Albrahim M, and Alomar N

Abstract

Cavernous malformations (CM) are rare intracerebral vascular lesions occurring in the brain, or less commonly in the spine, with an annual bleeding risk of up to 1.1%. These lesions can be occult or present to signs and symptoms based on location or, more frequently, are a result of hemorrhagic events. The most challenging aspect of managing these cases is weighing the risks and benefits of surgical treatment and intervening before the onset of a devastating hemorrhagic event. Here, we present the second case of CM haemorrhage following the cerebrospinal fluid (CSF) diversion procedure with a literature review of theories explaining this phenomenon. We present a 37-year-old female who has a known case of brainstem cavernoma and underwent left sub-temporal resection with stable residual since 2011, then was managed conservatively due to patient preference till she had a deterioration in December 2021 manifested as confusion, diplopia, dysarthria, and significant left sided weakness leaving her wheelchair bound. CT showed supratentorial hydrocephalus with extensive periventricular transependymal edema and no clear haemorrhage. A ventriculoperitoneal (VP) shunt was inserted, with no intraoperative complications. A few hours post-VP shunt insertion, she experienced a worsening in her mental status, hemiparesis, and dysarthria. Subsequent imaging found evidence of acute haemorrhage in the location of the previously noted residual. She was managed by supportive care. Causative factors of CM haemorrhage are poorly understood, and current data only suggest that prior haemorrhage and CM location could increase bleeding risk. Only one case of CM bleeding post-shunt insertion was reported; however, studies on other types of intracranial vascular lesions suggest that alterations in transmural pressure (including cerebrospinal fluid diversion procedures) can increase the risk of haemorrhage by changing the hemodynamic flow in these abnormally formed and weak vascular structures., Competing Interests: The authors have declared that no competing interests exist., (Copyright © 2024, Salem et al.)

Published
2024
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