SAUDI ARABIA Law and Practice Contributed by: Zeyad Khoshaim, Abdullah Alajlan and Kamil Mehiz, Khoshaim & Associates
7.2 Procedural Steps The Saudi Arbitration Law does not provide for any particular mandatory procedural steps as long as public policy is preserved. The law ensures that all parties are treated equally and given a full and equal opportunity to present their case (see Article 27 of the Saudi Arbitration Law). The Saudi Arbitration Law provides for default pro - cedural steps/matters which generally pertain to the following. • Arbitration proceedings begin on the day the request for arbitration is received by the respond - ent, unless otherwise agreed by the parties (Article 26). • The parties can agree on the arbitration venue, whether within the Kingdom or abroad. If no agree - ment is reached, the tribunal will determine the venue based on the case’s circumstances and may convene at any location it deems suitable for delib - eration, hearings or inspections (Article 28). • Arbitration is conducted in Arabic unless the par - ties or tribunal agree on a different language. The tribunal may also require translations of documents submitted (Article 29). • The plaintiff must submit a written statement of claim, including all relevant details and evidence, within the agreed or tribunal-determined time - frame. The defendant must respond with a written statement of defence within the same timeframe (Article 30). • All briefs, documents and evidence must be shared with both parties (Article 31). • Parties may amend or supplement their claims or defences during the proceedings, provided this does not delay the arbitration (Article 32). • The tribunal will hold hearings to allow parties to present their cases, unless otherwise agreed. Hearings must be properly notified, and minutes of hearings are recorded and shared with the parties (Article 33). • If the plaintiff fails to submit a claim statement without justification, the tribunal must terminate the proceedings, unless the parties agree otherwise. If the defendant fails to respond, the tribunal must continue the proceedings, unless the parties agree otherwise (Article 34).
• The tribunal may proceed and issue an award based on available evidence if a party fails to attend a hearing or submit documents requested by the tribunal (Article 35). • Unless agreed otherwise, the arbitral tribunal may appoint one or more experts to provide reports on specific issues, with the appointment and findings communicated to both parties. Each party must provide the expert with relevant information and allow access to necessary documents. The tribu - nal will resolve any disputes with the expert and ensure both parties can review and comment on the expert’s final report (Article 36). • The tribunal is required to render the final award within 12 months from the start of the arbitration unless otherwise agreed by the parties. The tribu - nal may extend this period by up to six months. If the tribunal does not issue the award within this extended time, a party can ask the competent national court to either set a new deadline for the award or terminate the arbitration. If an arbitrator is replaced, the deadline for issuing the award is extended by an additional 30 days (Article 40). • The arbitration award must be written, reasoned and signed by the arbitrators (Article 42 (1)). 7.3 Powers and Duties of Arbitrators Arbitrators shall exercise their mission in compliance with the duties of impartiality and independence (see Article 16 of the Saudi Arbitration Law). The powers attributed to the arbitral tribunal include inter alia the following: • ordering interim relief and conservatory measures if granted by the parties; • issuing interim and partial awards; • deciding on its own jurisdiction; • determining procedural rules if the parties do not agree; • appointing experts; • assessing, admitting and weighing evidence; and • deciding the place of arbitration if not agreed upon by the parties and holding meetings/hearings where it deems appropriate. However, the tribunal cannot hear challenges related to document forgery as such matters fall within the
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