SAUDI ARABIA Law and Practice Contributed by: Zeyad Khoshaim, Abdullah Alajlan and Kamil Mehiz, Khoshaim & Associates
on its merits. An annulment action is not an appeal. Consequently, Saudi courts cannot re-evaluate the case de novo. This is clear from the text of Article 50 (4) of the Saudi Arbitration Law which expressly states that the competent court shall consider the action for nullification based on the grounds outlined in Article 50, “without inspecting the facts or subject matter of the dispute”.
To request a declaration order, as mandated by Arti - cle 53 of the Saudi Arbitration Law, the party must provide: • the original award or a certified copy; • an authentic copy of the arbitration agreement; • an Arabic translation of the award, certified by an accredited entity, if the award is not in Arabic; and • proof of the award’s deposit with the competent court, as required by Article 44 of the Saudi Arbi - tration Law (see 10.1 Legal Requirements ). Enforcing a Foreign Arbitral Award To enforce a foreign arbitral award in Saudi Arabia, the following conditions must be met. • Reciprocity between Saudi Arabia and the jurisdic - tion where the award was issued must be estab- lished. The burden of proving reciprocity lies with the party requesting enforcement. • The award must be issued by a tribunal with jurisdiction according to the applicable law, and its subject matter must not fall under the exclusive jurisdiction of Saudi Arabian courts. • The parties must have been notified of the arbitra - tion proceedings, properly represented, and given a reasonable opportunity to present their case. If the party against whom enforcement is sought did not participate in the arbitration, then the party requesting enforcement must prove that the respondent was notified of the proceedings. • The award must be final. • The award must not contradict another judgment or court order issued on the same subject in Saudi Arabia. • The award must not violate Saudi Arabia’s public policy (see Article 11 & Article 12, Enforcement Law). Enforcement Procedure The enforcement procedure typically includes the fol - lowing. • Submitting the enforcement request to the Enforcement Court through the Saudi Ministry of Justice’s Najiz portal.
12. Enforcement of an Award 12.1 New York Convention
The Kingdom of Saudi Arabia is a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. However, it has reserved the right to limit the Convention’s appli - cation to the recognition and enforcement of awards made in the territory of other Contracting States, based on reciprocity. Additionally, Royal Decree No M/11 specifies that the Convention does not apply retroactively to disputes initiated before Saudi Ara - bia’s ratification. The Saudi government is also a party to several bilat - eral investment treaties and international conventions, including inter alia the 1952 Arab League Convention on the Enforcement of Judgments and Arbitral Awards; the 1985 Riyadh Convention on Judicial Cooperation between Arab League States; and the 1997 GCC Con - vention for the Execution of Judgments, Delegations and Judicial Notifications. 12.2 Enforcement Procedure The Saudi Arbitration Law and the Enforcement Law outline the procedure for enforcing an arbitral award in the Kingdom. Below is a short summary of the pro - cess. Enforcing a Domestic Arbitral Award To enforce a domestic arbitral award, the party must first obtain an order declaring the award enforceable from the competent appeal court with original juris - diction over the dispute. This involves applying to the court for this enforceability order.
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