SAUDI ARABIA Law and Practice Contributed by: Zeyad Khoshaim, Abdullah Alajlan and Kamil Mehiz, Khoshaim & Associates
8.3 Powers of Compulsion Under Saudi law, arbitral tribunals lack the coercive and executive powers of courts. However, they can request the assistance of the courts. Article 22 of the Saudi Arbitration Law empowers courts to assist arbitrators with: • ordering provisional or precautionary measures before or during arbitration proceedings, upon request by either party or the arbitration tribunal; • issuing orders of judicial delegation upon request by the arbitration tribunal; and • assisting with arbitration proceedings, such as summoning witnesses or experts, ordering the submission or review of documents, or other nec - essary actions. Arbitral tribunals can seek court assistance to com - pel the production of documents or the attendance of witnesses. Arbitral proceedings are generally confidential in Sau - di Arabia. Article 43 (2) of the Saudi Arbitration Law specifies that arbitration awards cannot be published, in whole or in part, without the written consent of both parties. In the Kingdom, there is an implied duty of confiden - tiality regarding pleadings and documents related to the arbitration. However, initiating arbitration-related court proceedings, such as requests for enforce - ment or nullity actions, may result in this information becoming part of the public domain. 10. The Award 10.1 Legal Requirements Article 39 of the Saudi Arbitration Law outlines the requirements for an arbitral award. 9. Confidentiality 9.1 Extent of Confidentiality
Article 35 If the opposing party acknowledges possession or remains silent, or if the applicant adequately substan - tiates their request, then the court will order produc - tion of the document. If the opposing party abstains from producing the document after being granted one grace period, the document copy provided by the applicant will be con - sidered a true copy. However, if the applicant did not have a copy, then the court will accept applicant’s words on the description and content of such docu - ment. If the defending party denies that the document exists and the applicant fails to provide sufficient evidence to support their claim, then the applicant may request the court to order the opposing party to take an oath regarding the document. Article 36 In commercial lawsuits, a litigant may request docu - ment production if: • the document is specified or identifiable; • it is relevant to the lawsuit or reveals facts pertinent to it; • it is not confidential or protected by trade secrets under the law or pursuant to the parties’ agree - ment; or • refusal to comply with the court’s order may be deemed presumptive evidence of the document’s relevance. Article 37 The court can: • order a third party to produce a document in their possession; and • request a public entity to provide a certified copy of a document if the litigant cannot produce it. The court may also seek verbal or written information from the public entity if permitted by law. 8.2 Rules of Evidence Unless the parties agree otherwise, the rules of evi - dence used in litigation will also apply to arbitration conducted in the Kingdom of Saudi Arabia.
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