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For the purpose of this law, the following terms shall have the meaning assigned to them, unless the context otherwise requires:
Arbitration Agreement: an agreement between two or more parties to submit to arbitration all or certain disputes which have arisen, or which may arise between them in respect of a defined legal relationship, whether contractual or not.
Arbitral Tribunal: means a sole arbitrator or a panel of arbitrators appointed to decide the dispute, and also includes the emergency arbitrator appointed under the arbitration rules agreed upon by the parties.
Arbitration Parties: means the two or more parties to arbitration agreement or, where an arbitration proceedings does not involve all of the parties to the arbitration agreement, means parties to the arbitration proceedings.
Claim: refers to the arbitration claim, the counterclaim that may be brought by the respondent against the claimant, or the cross-claim that may be brought by one party in the arbitration proceedings against another party on the same side of the proceedings.
Award: means a decision of the arbitral tribunal on the substance of the dispute or grants an interim measure, including interim or partial awards, but excluding procedural orders related to the administration of the case.
a. Without prejudice to the rules of Sharia and to the provisions of international treaties to which the Kingdom is a party, the provisions of this Law shall apply to all arbitration—whatever the legal nature of the relationship subject of the dispute—in either of the following cases:
1. If the seat of arbitration is in the Kingdom.
2. If it is an international commercial arbitration seated outside the Kingdom and the parties have agreed to subject it to the provisions of this Law.
b. The provisions of Articles 16 and 17 shall apply to every arbitration, regardless of its seat.
c. If the seat of arbitration has not been determined, the competent court shall have jurisdiction to issue the decisions referred to in Articles 21 and 24 whenever the domicile of the claimant or the respondent is in the Kingdom.
No agreement to arbitrate may be made in matters of personal status or in issues where reconciliation is not legally permissible.
Arbitration shall be deemed international under this Law if its subject matter concerns an international commercial dispute in any of the following cases:
A. The principal place of business of each of the parties to the arbitration is located in different countries at the time of concluding the arbitration agreement. If a party has multiple places of business, the place most closely connected with the dispute shall be considered; if a party has no specific place of business, the habitual residence shall be considered.
B. The principal place of business of each of the parties is located in the same country at the time of concluding the arbitration agreement, but any of the following places is situated outside that country:
1. The seat of arbitration, if it has been determined, designated in the arbitration agreement, or provided for in a manner for its designation.
2. The place where a substantial part of the obligations arising from the commercial relationship between the parties is to be performed.
3. The place most closely connected with the subject matter of the dispute.
C. The parties to the arbitration have agreed to resort to an organization, a permanent arbitral institution, or an arbitration center whose headquarters is located outside the Kingdom.
D. The subject matter of the dispute covered by the arbitration agreement relates to more than one country, or the parties have expressly agreed to that effect.
Arbitration shall be deemed commercial under this Law if the subject matter of the dispute concerns a legal relationship realtes to a commercial activity, in accordance with the provisions of the relevant laws.
Where this Law allows the parties to determine the procedure to be followed in a particular matter, the parties may authorise a third party to make that determination, for this purpose, “third party" includes any individual, institution, organization, or arbitration center—whether in the Kingdom of Saudi Arabia or abroad—including its procedural rules.
If the parties to arbitration agree to subject their relationship to the provisions of a model contract, an international agreement, or any other document, the provisions of that document—including those relating specifically to arbitration—shall apply, provided that they do not conflict with the rules of Sharia.
1. Unless otherwise agreed by the parties regarding notifications, the notice shall be served to the recipient personally—or to his representative—or sent to the postal address specified in the contract subject to the dispute, in the arbitration submisssion agreement, or in the document governing the relationship that is the subject of the arbitration. The term “postal address" includes any email address previously used by the parties in their dealings or previously communicated by one party to the other in a message.
2. If delivery to the recipient in accordance with paragraph (1) is not possible after making reasonable inquiries, the notice shall be deemed received if sent by registered mail to the recipient's last known place of business, habitual residence, or known postal address, or by electronic means to the recipient's mobile phone or email address.
3. The communication is deemed to have been received on the day it is so delivered as specified in the two preceding paragraphs. A message sent by email is deemed received on the date shown in its data as the sending date, provided there is no indication of a transmission error.
4. The provisions of this Article do not apply to communications in court proceedings.
5. Unless otherwise specifically provided, the time periods stipulated in the Law begin on the day following the notification, unless otherwise agreed by the parties. If the last day of the period falls on an official holiday—at the recipient's place of residence or place of business—the period shall be extended to the first working day thereafter.
A party who knows that any provision of this Law from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating his objection to such non‐compliance within the agreed time limit, or, in the absence of such agreement, within fifteen days from the date he became aware of the breach, shall be deemed to have waived his right to object.
1. The Commercial Court of Appeal shall have jurisdiction to hear applications to set aside an arbitral award, as well as matters referred to the competent court under this Law, except for the matters provided in Article (16).
2. For international commercial arbitration, jurisdiction lies with Riyadh Commercial Court of Appeal, unless the parties to the arbitration agree on a different Court of Appeal within the Kingdom.
A. The law applicable to an arbitration agreement is the law that the parties expressly agree applies to the arbitration agreement, or where no such agreement is made, the law of the seat of the arbitration.
B. The tribunal shall apply the substantive provisions of the applicable law and not to the conflict of laws provisions, unless otherwise agreed by the parties.
1. An arbitration agreement may be concluded before a dispute arises, whether in the form of an arbitration clause included in a contract or as a separate agreement.
2. An arbitration agreement may also be concluded after a dispute has arisen, even if a case has already been filed before the competent court. In this case, the agreement must specify the matters to be subject to arbitration; otherwise, the agreement shall be void.
1. An arbitration agreement must be in writing writing; otherwise, it shall be null and void.
2. The arbitration agreement is in writing if it is included in a document issued by the parties.
3. An arbitration agreement is deemed to be in writing in the following cases:
a. if its content is recorded in any form, whether or not the arbitration agreement or the contract containing the arbitration clause has been concluded orally, in writing, or by conduct. This includes situations where its content is established through exchanges of correspondence, telegrams, or other digital means of communication;
b. A reference in a contract to another contract, or the incorporation by reference of another contract containing an arbitration clause is to constitute an arbitration agreement in writing;
c. Any reference in a contract to the provisions of a model contract, an international convention, or any other document containing an arbitration clause shall be considered as a written arbitration agreement, provided the reference clearly indicates that the clause is part of the contract;
d. When, in statements of claim or defense in adversarial proceedings, one party asserts the existence of an arbitration agreement and the other party does not deny it.
Arbitration agreement may be concluded only by a person who has the legal capacity to dispose of their rights, whether a natural person or a legal entity.
1. A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if the defendant so requests not later than when submitting any request or defense on the substance of the dispute, rule the claim inadmissible unless it finds that the agreement is null and void, or incapable of being performed.
2. Where an action referred to in the preceding paragraph of this article has been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be made.
3. If the parties agree to arbitration while the dispute is pending before the competent court, the court shall order that the dispute be referred to arbitration.
It is not incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, from a court an interim measure of protection and for a court to grant such measure, unless the parties have agreed otherwise.
An arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. The nullity, annulment, rescission, or termination of the contract shall not entail ipso jure the invalidity of the arbitration agreement it contains, provided that the arbitration agreement is valid in itself.
A. The parties may agree to constitute the arbitral tribunal with a sole arbitrator or with multiple arbitrators. Failing such agreement, there is to be a sole arbitrator.
B. If the tribunal comprises multiple arbitrators, their number must be odd; otherwise, the arbitration shall be void. However, the arbitration agreement is not invalid merely because it provides for an even number of arbitrators, in which case an additional arbitrator shall be appointed to complete the tribunal.
1. An arbitrator must be a natural person with full legal capacity and not deprived of the exercise of civil rights as a result of a criminal conviction.
2. Unless otherwise agreed by the parties, the arbitrator is not required to be of any particular nationality.
1. The parties are free to agree on the procedure for constituting the arbitral tribunal.
2. Failing such agreement, and if the dispute involves two parties, the following procedures shall be followed:
a. If the arbitral tribunal is to consist of a sole arbitrator and the parties are unable to agree on the arbitrator, he shall be appointed, upon request of a party, by the competent court.
b. If the arbitral tribunal is to consist of three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator; if a party fails to appoint the arbitrator within fifteen days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within fifteen days from the date of appointment of the latter of them, the appointment shall be made, upon request of any party with an interest in prompt action, by the competent court, within fifteen days from the date of submitting the request. The third arbitrator appointed either by the two appointed arbitrators or by the competent court shall be the presiding arbitrator of the tribunal.These terms shall apply in the event that the arbitral tribunal is composed of more than three arbitrators.
3. If the arbitration involves more than two parties and the parties have not agreed on the constitution of the tribunal or the procedures for its constitution, the competent court shall constitute the tribunal.
4. Where, under an appointment procedure agreed upon by the parties, a party fails to act as required under such procedure, or if the two arbitrators, are unable to reach an agreement expected of them under such procedure, or if a third party, fails to perform any function entrusted to it under such procedure, the competent court—upon request of any party with an interest in prompt action—shall take the necessary measure or action, unless the agreement provides other means for securing the appointment.
5. The competent court, in appointing an arbitrator, shall have due regard to any conditions stipulated in the parties’ agreement, the nature of the subject matter of the arbitration and any qualifications that the dispute may require of the arbitrator. It shall issue its decision on the appointment within thirty days from the date of submitting the request.
6. The competent court decision on a matter entrusted by paragraph (2) or (3) of this article shall be subject to no appeal independently.
The arbitrator must have no interest in the dispute. Before accepting the appointment, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. Throughout the arbitral proceedings, the arbitrator shall without delay disclose any such circumstances to the parties unless they have already been informed of them by him.
1. An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties, or provided for by law.
2. A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the appointment has been made.
3. A challenge to an arbitrator shall not be admitted from a party who has previously submitted a challenge against the same arbitrator in the same arbitration on the same grounds.
4. A challenge shall not be admissible after the arbitral tribunal has declared the closure of the proceedings.
1. If the parties have not agreed on a procedure for challenge, a written challenge shall be submitted to the arbitral tribunal, stating the grounds for the challenge within five days after the challenging party became aware aware of the constitution of the arbitral tribunal, or after becoming aware of any circumstance justifying the challenge. The other party shall be notified thereof. If the challenged arbitrator does not withdraw from his office and the other party does not agree to the challenge within fifteen days after receiving the challenge, the challenging party may, within fifteen days after the expiry of that period, submit the challenge to the competent court. The competent court shall decide on the challenge within fifteen days, and its decision shall be subject to no appeal.
2. Submitting a challenge to the arbitral tribunal does not suspend the arbitral proceedings, while such a request is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award.
3. Neither the withdrawal of the arbitrator nor the parties’ agreement to remove the arbitrator shall imply acceptance of the validity of the grounds for the challenge.
1. If an arbitrator becomes de jure or de facto unable to perform his functions fails to commence them, or fails to act without undue delay, and does not withdraw, and the arbitration parties have not agreed to remove him, the competent court may remove the arbitrator, upon request of any party by a decision which shall be subject to no appeal.
2. Submitting the request referred to in the preceding paragraph with the competent court does not suspend the arbitral proceedings, and the arbitral tribunal, including the arbitrator whose removal is sought, may continue the proceedings and and make an award.
1. Where the mandate of an arbitrator terminates by reason of death, challenge, removal, withdrawal, incapacity, or for any other reason, a substitute arbitrator shall be appointed in accordance with the procedure followed in appointing the arbitrator whose mandate has terminated, unless otherwise agreed by parties.
2. The termination of an arbitrator’s mandate for any of the reasons stated in the preceding paragraph does not affect the validity of the decisions in which that arbitrator participated, including his agreement to the appointment of the presiding arbitrator.
3. Any interested party may request the competent court to determine the fees and expenses of the arbitrator whose mandate has ended for any of the reasons stated in paragraph 1 of this Article, and such amounts shall be added to the arbitration costs.
Except in cases of fraud or gross professional misconduct, an arbitrator shall not be liable to the parties to the arbitration for any act or omission committed in his capacity as an arbitrator in the course of arbitral proceedings or in the making of an arbitral award.
A. The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the non-existence, termination, invalidity of the arbitration agreement or non-applicability of the arbitration agreement to the subject matter of the dispute.
B. A plea that the arbitral tribunal does not have jurisdiction shall be raised within the time limits referred to in paragraph 2 of Article 38 of this Law. A party is not precluded from raising such a plea by the fact that he has appointed, or participated in the appointment of, an arbitrator. A plea that a defense raised or a claim submitted by the other party falls beyond the scope of arbitration agreement shall be raised as soon as the defense or claim alleged to be beyond the scope of arbitration agreement is raised, otherwise, the right to raise the plea shall lapse. The arbitral tribunal may, in all cases, admit a late plea if it considers the delay justified.
C. The arbitral tribunal may rule on a plea referred to in paragraph (1) of this article either as a preliminary matter before ruling on the merits, or it may join them to the merits and decide on both together in the final arbitral award.
D. If the arbitral tribunal, by a preliminary decision before ruling on the merits, rejects the plea of lack of jurisdiction, either party may challenge this decision before the competent court within thirty days of being notified thereof. Such a challenge does not suspend the arbitral proceedings, and the arbitral tribunal may continue the proceedings and make the final arbitral award.
A. The parties may agree that the arbitral tribunal—upon the request of any party—shall have the authority to order either of them to take such interim or precautionary measures as the nature of the dispute may require, including the following:
a. Maintain or restore the status quo pending determination of the dispute;
b. Take action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process itself;
c. Provide a means of preserving assets out of which a subsequent award may be satisfied; or
d. Preserve evidence that may be relevant and material to the resolution of the dispute.
B. The arbitral tribunal may require the the requesting party to provide appropriate security for the implementation of the measure.
1. The arbitral tribunal shall order an interim or precautionary measure if it is satisfied that the following conditions are met:
1. Harm not adequately reparable by the final award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted; and
2. There is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination on this possibility shall not affect the discretion of the arbitral tribunal in making any subsequent determination.
2. The arbitral tribunal may require the requesting party to disclose any material change in the circumstances on the basis of which the measure was requested or granted.
3. The arbitral tribunal may modify, suspend or terminate an interim or precautionary measure it has granted, upon application of any party or on the arbitral tribunal’s own initiative, provided that it notifies the parties accordingly.
1. The party in whose favor the interim or precautionary measure has been granted may request the competent court to enforce the arbitral tribunal’s order for such measure, and the competent court shall issue its decision on the request within fifteen days.
2. Enforcement of an interim measure may be refused only:
1. Such refusal is warranted on the grounds set forth in Paragraph 2 of Article 65 of this Law.
2. The arbitral tribunal’s decision referred to in paragraph 2 of Article 29 of this Law has not been complied with by the requesting party; or
3. The interim measure has been suspended, terminated, or modified Pursuant to paragraph 3 of Article 30 of this Law.
1. The arbitration parties may agree on the procedures to be followed by the arbitral tribunal, which includes their right to make these procedures subject to the rules in force in any organization, authority, or arbitral institution inside or outside the Kingdom, provided they do not conflict with the provisions of Sharia.
2. Failing such agreement, the arbitral tribunal may, subject to the provisions of Sharia and this Law, conduct the arbitration in such manner as it considers appropriate. The power conferred upon the arbitral tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence.
The parties shall be treated with equality and each party shall be given a reasonable and equal opportunity of presenting his case or defense.
Unless otherwise agreed by the parties, the arbitral proceedings commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.
1. The parties are free to agree on the place of arbitration, whether inside or outside the Kingdom. Failing such agreement, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties.
2. Notwithstanding the determining the place of arbitration, the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for deliberations among its members, for hearing witnesses, experts or the parties, or for inspection of goods, examining documents. It may hold virtual meetings using modern technology
1. Unless the tribunal decides, or the arbitration parties agree, that another language or languages be used, arbitration shall be conducted in Arabic. The agreement or decision shall apply to written statements by a party, any hearing and any award, decision or other communication by the arbitral tribunal, unless the parties agreement or the arbitral tribunal decision otherwise specified.
2. The arbitral tribunal may decide that any or part of the written documents submitted in the proceedings be accompanied by a translation into the language or languages of the arbitration. In case of using multiple languages, the tribunal may limit translations to certain languages.
The arbitral tribunal may permit the joinder or intervention of a third party in the arbitration, either upon request of a party or based on the intervened third party request, provided he is a party in the arbitration agreement and after giving all parties, including the third party, the opportunity to be heard.
1. Unless otherwise agreed by the parties or decided by the arbitral tribunal, the claimant shall, within the time agreed upon by the parties or set by the arbitral tribunal, submit to the respondent and each arbitrator a written statement of claim, including their name, address, the respondent’s name and address, a description of the case facts, his claims and supporting grounds, and any other matter that should be mentioned in that statement according to the parties’ agreement.
2. Unless otherwise agreed by parties or decided by the arbitration tribunal, the respondent shall, within the agreed time among parties or the time set by the tribunal, submit to the claimant, the other parties, and each arbitrator a written defense in response to the claim statement. The respondent may include in this reply any counterclaim or set-off arising out of the dispute subject, even at a later stage, if the tribunal considers the delay justified.
3. The preceding paragraph’s provisions apply to responses to counterclaim or cross-claim.
4. Each party may attach to the statement of claim or defense, as the case may be, the documents he relies upon and indicate all or some evidence he intends to present.
Unless otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow such amendment having regard to the delay in making it, to avoid undue delay.
A copy of any memoranda, documents, or any other papers submitted to the arbitral tribunal by a party shall be sent to the other parties. Similarly, copies of expert reports, documents, and other evidence relied upon by the arbitral tribunal shall be sent to the arbitration parties.
1. The arbitral tribunal shall hold hearings to enable the parties to explain and present their case, arguments, and evidence at an appropriate stage of the proceedings. Hearings may be held in person, remotely via video conferencing, or by other suitable means. The tribunal may also decide to rely solely on written submissions unless otherwise agreed by the arbitration parties.
2. Arbitration parties shall be notified, at their registered addresses at the arbitral tribunal, of the date of any oral hearing or arbitral tribunal meeting for inspection of disputed subject, any other properties, or checking documents, sufficiently in advance.
1. If the claimant fails - without showing sufficient cause - to communicate his statement of claim in accordance with Article 38(1) of this Law, the arbitral tribunal shall terminate the arbitration proceedings, unless otherwise agreed by the parties.
2. If the respondent fails - without showing sufficient cause - to communicate his statement of defense in accordance with Article 38(2) of this Law, the arbitral tribunal shall continue the proceedings, without treating such failure as an admission of the claimant’s allegations, unless otherwise agreed by the parties.
3. If a party fails - without showing sufficient cause - to attend a hearing, after being notified, or to submit evidence or documents within the prescribed time, the arbitral tribunal may continue the proceedings and make the award on the evidence before it.
1. The parties may agree to consolidate two or more arbitration cases because of correlation, and agree on the terms and procedures of consolidation.
2. If the parties failed to reach such agreement, according to the preceding paragraph, the tribunal has no authority to consolidate cases on its own initiative.
Unless otherwise agreed by parties, the use of experts in arbitral proceeding shall be as follows:
1. The arbitral tribunal may appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal, unless otherwise agreed by parties.
2. The parties shall provide the expert with any relevant information, enable him to check any required relevant documents, goods, or other property for his insepection. The tribunal shall resolve any disagreement between an expert and a party in this regard, and its decision shall be subject to no appeal.
3. The arbitral tribunal shall send a copy of the expert’s report to the arbitration parties, who shall be given an opportunity to comment.
4. The arbitral tribunal, after the expert report is submitted, may, on its own initiative or at a party’s request, hold a hearing to hear the expert, and give an opportunity to the parties to hear and put questions to him on his report.
5. Each party may engage his own expert or experts to comment on the tribunal-appointed expert’s report findings.
6. The fees and expenses of the expert, appointed by the arbitral tribunal, shall be paid by the parties as decided by the arbitral tribunal.
The arbitral tribunal may, if an issue raised during the arbitration proceeding that falls outside the jurisdiction of the arbitral tribunal, forgery of a document is alleged, or criminal proceedings are instituted regarding it or another criminal act, the tribunal may proceed with the arbitration if it believed that resolution of such matter is unnecessary for ruling the dispute, forgery of a document, or the other criminal act. Otherwise, it may suspend the proceedings until a final award is issued. The time limit for issuing the award shall be suspended accordingly.
1. Upon the request of an arbitration party, the competent court may, before the tribunal is constituted, or upon the request of the arbitral tribunal after constitution, order interim or precautionary measures. Such measures may be revoked in the same manner, unless the parties otherwise agree.
2. The arbitral tribunal may request the competent court’s assistance in conducting the arbitration proceeding as it deems necessary for the proper conduct of arbitration, including summoning a witness or expert, producing or inspecting documents or a copy thereof, issuing a judicial commission, or other measures, without prejudice to the tribunal’s own powers to do that separately.
3. The competent court may enforce the tribunal’s requests within its powers and mandates.
1. Without prejudice to Sharia and public policy in the Kingdom, the arbitral tribunal, when deciding a dispute, shall:
1. The arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given State shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State and not to its conflict of laws rules.
2. Failing any designation by the parties, the arbitral tribunal shall apply the law determined by the conflict of laws rules which it considers applicable.
3. The arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction.
2. The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur, without being bound by the provisions of laws, only if the parties have expressly authorized it to do so.
1. The award issued by a multi-member arbitral tribunal shall be rendered by majority vote after secret deliberation.
2. If there is no possibility for reaching majority, the presiding arbitrator shall make the award, and dissenting members must attach their dicent opinions, unless otherwise agreed by the parties.
1. The tribunal may issue interim, emergency, or partial awards deciding parts of the claims before rendering the final award, unless the arbitration parties agree otherwise.
2. Procedural orders may be issued by the presiding arbitrator if the parties authorized, or all tribunal members consent, unless otherwise agreed by the arbitration parties.
If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms. Such an award has the same status and enforceability as any other award on the merits of the case.
1. If the arbitration agreement sets a time limit for rendering the final award, either arbitration parties or the arbitral tribunal may request an extension from the competent court.
2. The competent court may issue a decision to extend the limit time, stated in the arbitration agreement, for issuing the final award for one or more periods as it deems appropriate, and its decision shall be subject to no appeal, unless otherwise agreed by parties.
1. The arbitral award shall be in writing and signed by the arbitrators. In case of multi-member tribunals, the signatures of the majority shall be sufficient, provided the reasons for any missing signatures are recorded.
2. Unless otherwise the parties agree, the award must state its reasons, except where it records a settlement under Article 50 of this law.
3. The arbitral award shall include: the date and place of issuance; names, addresses, nationalities, and roles of the parties and arbitrators; the arbitration agreement; a summary of claims, defenses, evidence, and arguments; the decision (operative part); reasons if required; arbitrators’ fees and costs of arbitration, and how it shall be allocated, taking into account, when allocating the costs, the outcome and conduct of the parties.
4. The award is considered rendered at the place of arbitration, even if it was signed elsewhere or electronically, unless otherwise the parties agree.
5. Unless otherwise the parties agree, the date of issuance of the award is the date of the last arbitrator’s signature, in case of one arbitrator. In case of multi-arbitrator, the last signature of arbitrators is to be taken into consideration.
1. The arbitral tribunal shall deliver a certified copy of the award to each party within 15 days of issuance.
2. The award may not be published, in whole or in part, without the parties’ written consent.
1. The arbitration parties are jointly liable for arbitration costs, including arbitrators’ fees, urgent expenses, experts’ fees and other costs.
2. If the arbitration parties and arbitrators cannot reach an agreement on fees, the arbitrators and arbitration parties may ask the competent court to determine them in a final, non-appealable decision. Where arbitrators are appointed by the competent court, their fees must be fixed in the appointment decision.
3. Without prejudice to the arbitrators right to claim their fees and costs, the arbitral tribunal may withhold submission of the final award to the parties if the fees and expenses are not paid.
4. If the arbitral tribunal refused to deliver the award according to the provisions of the previous paragraph of this article, any party may petition the court, after notifying the others and the arbitral tribunal, to compel the arbitral tribunal to deliver the award, upon proof of payment of all fees and expenses.
1. Arbitration proceedings end with the issuance of the final award or by an order of the arbitral tribunal to terminate the case in the following instances:
1. if the parties agreed to terminate arbitration.
2. if the claimant abandons the case, unless the arbitral tribunal decide upon request of the respondent that he has a legitimate interest in the continuation of the proceedings.
3. if the arbitral tribunal finds, for any other reason, that the continuation of arbitral proceedings is unnecessary or impossible.
4. Issuance of a termination order of arbitration proceedings under Article 50 of this law.
5. Issuance of a termination order of arbitration proceedings under Article 42, para 1 of this law.
2. Arbitral proceedings do not terminate upon the death or incapacity of an arbitration party unless the heirs or successors agree with the other party to terminate. Then the arbitration period is to be extended for 30 days, unless the arbitral tribunal decide, or the arbitration parties agree to extend it for a similar period.
3. Taking into consideration of articles 56, 57 and 58 of this law, the arbitral tribunal’s mandate ends upon termination of proceedings.
1. Unless otherwise agreed by parties, either arbitration parties may request the arbitral tribunal, within 30 days of receiving the arbitral award, to interpret any vagueness in the award’s dispositif. The requesting party shall notify the other party of his request at his address indicated in the arbitration award, before submission to the arbitral tribunal.
2. The interpretation must be issued in writing within 30 days of submitting the request to the arbitral tribunal and shall form part of the interpreted award and be subject to its provisions.
1. Unless otherwise agreed by parties, the arbitral tribunal may correct the material errors in its award, written or computational, by its own initiative or at a party’s request. The request shall be submitted within 15 days of receiving the arbitral award. The correction by the arbitral tribunal must be made within 15 days of award issuance or submitting the request.
2. The correction shall be issued by the arbitral tribunal in writing, and be notified to the parties within 15 days of its issuance. The correction decision shall be considered as a part of the award and subject to its provisions with the same legal effect.
1. Unless otherwise agreed by parties, either party may request the arbitral tribunal, within 30 days of receiving the arbitration award, to issue an additional arbitral award on any claims presented during the proceedings but have been omitted from the award, the other party must be notified at his address indicated in the arbitration award before submission to the arbitral tribunal.
2. The arbitral tribunal shall issue the requested additional award within 60 days of submitting the request, and it may extend the period by 30 days if considered necessary. The additional arbitral award shall be part of the award and subject to its provisions.
1. The provisions of article 52 of the law shall apply to the arbitral decision for correction, interpretation or issuance of the additional arbitral award.
2. If it is not possible to the arbitral tribunal to convene to consider the request for interpretation, correction or issuance of an additional arbitral award due to death, absence, or incapacity of any of its members or any other reason, the competent court has the jurisdiction to rule and decide on the request for correction, interpretation, or issuance of the additional award upon request of the parties, unless the parties agree otherwise.
Arbitral awards, issued according to this Law, may not be subject to any of the means of appeal, except by raising a claim to annul the arbitral award in accordance with the provisions of this Law.
1. A claim to annul an arbitral award may only be accepted if:
a. The arbitration agreement is absent, invalid, or expired, according to law provisions governing the arbitration agreement;
b. One of the parties to the arbitration agreement, at the time of concluding the agreement, lacked or has limited capacity according to the governing his capacity;
c. One of the parties to the arbitration agreement failed to submit its defense due to lack of proper notice of the appointment of an arbitrator, the arbitration proceedings, or for reasons beyond its control.
d. The tribunal disregarded the applicable rules of law agreed upon by the arbitration parties on the dispute subject.
e. The tribunal has been established or arbitrators have been appointed in violation of the mandatory provisions of this Law that parties can not violate, or of the parties’ agreement.
e. The arbitration award ruled on matters outside the scope of the arbitration agreement. Nevertheless, if it is possible to separate the parts within the scope of arbitration and the parts outside its scope, which will be annulled.
f. The arbitral proceedings violated the parties’ agreement or the mandatory provisions of this Law.
2. The competent court hearing the annulment action shall, on its own initiative, set aside the arbitral award if the award is in conflict with Sharia and public policy in the Kingdom or if the subject-matter of the dispute is not capable of settlement by arbitration under this Law.
3. The arbitration agreement does not terminate upon the issuance of the annulment of the arbitral award by the arbitral tribunal, unless otherwise the arbitration parties agree or if an award was issued stating the invalidity of the arbitration agreement.
4. The court shall consider the claim of annulment in the cases mentioned in this article, without considering the merits and facts of the dispute.
5. The court, requested to annul the arbitral award, may suspend annulment proceedings for up to 60 days at a party’s request to allow the arbitral tribunal to take any action or amendment on the award’s form, to remove grounds of annulment, without altering the substance of the award.
1. A claim of annulment against the arbitral award must be submitted within 60 days of notifying the parties of the award. A party’s waiver of its right to annul, before the issuance of the arbitration award, does not affect the acceptance of the claim.
2. Appeals against the competent court’s annulment judgments may be before the Supreme Court within 30 days of notification.
An arbitral award, rendered under this Law, shall have res judicata effect regardless of the country of issuance, and shall be enforceable, taking into consideration the provisions of articles 64 and 65 of this law.
The competent court shall issue an order to enforce the arbitration award, the application for enforcement shall submitted with:
1. The original award or a certified copy.
2. A copy of the arbitration agreement.
3. A certified Arabic translation, if the award is issued in another language.
A. The application of enforcement of the arbitration award, issued in accordance with this law, shall not be accepted until the time for raising an annulment action is expired.
B. Enforcement of the arbitration award shall only be granted after verifying that:
a. The arbitration award does not contradict with a final judgment/decision issued by a domestic court, commission or an authority has the authority to rule the dispute subject in the Kingdom of Saudia Arabia.
b. The award does not breach the provisions of Sharia or public Policy in the Kingdom. If the award is severable, only the compliant part shall be enforced.
c. The award has been properly notified to the convicted party.
C. The court may suspend enforcement proceedings for up to 60 days at a party’s request to allow the arbitral tribunal to take any action or amendment on the award’s form, to remove grounds of enforcement refusal, without altering the substance of the award.
Appeals against orders granting or refusing enforcement of the arbitration award shall be lodged before the Supreme Court within 30 days of its issuance.
This Law shall replace the Arbitration Law issued by Royal Decree No. (M/34) dated 24/5/1433 AH.
Entry into force of this Law shall be 30 days after its publication in the Official Gazette.
Last update: 14 September 2025
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