SAUDI ARABIA Law and Practice Contributed by: Zeyad Khoshaim, Abdullah Alajlan and Kamil Mehiz, Khoshaim & Associates
jurisdiction of national courts, which handle criminal proceedings. If issues such as forgery or other criminal acts arise, the tribunal may continue with the dispute if deciding on these issues is not essential. Otherwise, it shall suspend the proceedings until a final judgment on such criminal proceedings is reached, which will also suspend the deadline for issuing the arbitration award (Article 37 of the Saudi Arbitration Law). For more information on this point, please see 10.2 Types of Remedies . 7.4 Legal Representatives In a recent study conducted by the SCCA in co-ordi - nation with the Saudi Ministry of Justice (MoJ) (dis - cussed on the SCCA website on 16 August 2022), it was confirmed that Saudi legislation allows parties to select any representative of their choosing, including foreign legal counsel, for arbitral tribunals. In addition, there are no requirements for representatives to be lawyers or Saudi nationals. Article 14 of the Arbitration Law reflects the same prin - ciple, allowing for the selection of arbitrators without restrictions based on gender, nationality or profession. However, it mandates that a sole arbitrator or the chair of an arbitral tribunal must hold a university degree in law or Shari’ah. 8. Evidence 8.1 Collection and Submission of Evidence The Saudi Arbitration Law does not specifically out - line the procedures for collecting and submitting evidence. Typically, parties present evidence to sup - port their written submissions, and the relevant rules are those set out in the newly enacted Saudi Evi - dence Law issued by Royal Decree No (M/43) dated 26/5/1443H (corresponding to 30/12/2021 AG) (the “Saudi Evidence Law”). Arbitral tribunals have the authority to admit, assess and weigh evidence. They may conduct any eviden - tiary procedures they find appropriate, reverse previ - ously ordered procedures, and grant or deny requests related to evidentiary matters without affecting the
parties’ rights of defence. The types of evidence that can be admitted include: • documentary evidence;
• witness statements; • expert reports; and • site inspections ordered by the tribunal.
Fact witnesses and technical experts may be exam - ined and cross-examined during hearings, but witness testimony is not taken under oath. It is common for tribunals to use the IBA Rules on the Taking of Evidence in International Commercial Arbitration, provided the parties agree to it and to the extent agreed upon. However, concepts such as “discovery” and “legal privilege” are not recognised under Saudi Law. Some protection is acknowledged regarding clients’ docu - ments and information, with certain exceptions. Under the Saudi Evidence Law, document disclosure is regulated by specific provisions. In sum, Articles 34 to 37 outline the framework for requesting and pro - ducing documents as follows. Article 34 Under this article, a litigant may request the court to order an opposing party to produce documents in any of the following instances: • the law allows such a request; • the document is a joint document that serves mutual interests or establishes reciprocal obliga - tions and rights; and • the opposing party relies on the document at any stage of the case. The request must include: • a detailed description and content of the docu - ment; • evidence indicating the document is in the oppos - ing party’s possession; • the facts which the document will be used to evi - dence, and the grounds for the production of the document.
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