SAUDI ARABIA Law and Practice Contributed by: Zeyad Khoshaim, Abdullah Alajlan, Kamil Mehiz and Sarah Sedky, K&A
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 must 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 the following, inter alia: • 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 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.
Separately, Article 14 of the Arbitration Law reflects the same principle, allowing for the selection of arbi - trators without restrictions based on gender, nation - ality 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 outline the procedures for collecting and submitting evidence. Typically, parties present evidence to support their written submissions, and the relevant rules are those set out in the Saudi Evidence Law issued by Royal Decree No (M/43) dated 26/5/1443H (30 December 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
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