SAUDI ARABIA Law and Practice Contributed by: Zeyad Khoshaim, Abdullah Alajlan and Kamil Mehiz, Khoshaim & Associates
13.5 Binding of Third Parties Under Saudi law, a third party can only join an arbi - tration if all existing parties and the third party agree to the third party’s participation (see Article 13 of the Implementing Regulation). For further details, please refer to 5.6 Jurisdiction Over Third Parties . In multi-party arbitrations under the SCCA Rules, the provisions for handling joinder as specified in the 2023 SCCA Rules will apply.
For example, the 2023 SCCA Arbitration Rules pro - vide a framework for consolidation in Article 13, which essentially allows the SCCA Court to consolidate mul - tiple arbitrations into a single proceeding if the parties agree, the claims arise from the same legal relation - ship, or the claims are under compatible agreements. Consolidation cannot occur if any tribunal is fully constituted unless all parties agree, or all tribunal members are identical and request consolidation. The SCCA Court will consider factors like applicable law and progress of the arbitrations and will manage the appointment of arbitrators as necessary.
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