The mechanism of the conflict of laws of the private international law is based of the acceptance of the foreign law which is recognized by the national conflict of law rule, but the common trend of the jurisprudence and justice in the special international relations the foreign law is treated suspiciously and distrustfully; which in most cases the foreign law can be kept away by the judge for any of the following reasons either its conflict with the international public order excuse (this issue been widely explained)[1], or not applying such law due to the non enforceability of the conflict of law rules itself or because it is not part of the public order when it request the application of a foreign law.

With no doubt the continuation and insistence of the Arabic legislations of adopting such approach shall negatively impact on the special international relations as well on the whishes to attract the foreign capital and investments to its countries; and shall fail up the conflict of Laws total mechanism, even further shall result in refusing the enforceability of the Arabic judicial judgments abroad due to not applying the foreign laws due to the non enforceability of the conflict of law rules or to the impossibility to prove the content of the foreign law.

[1] See for more details our research on “ Temptation to prescribe the Arabic international public system in the private international law intelligibleKuwait Law Journal, issue four, Dec. 2003,P.143