SAUDI ARABIA Law and Practice Contributed by: Zeyad Khoshaim, Abdullah Alajlan, Kamil Mehiz and Sarah Sedky, K&A
9. Confidentiality 9.1 Extent of Confidentiality
Article 42 of the Saudi Arbitration Law provides further requirements. • The award must be in writing and signed by the majority of arbitrators. If any arbitrator refuses to sign, their reasons must be indicated. • The award must include the reasoning leading to the decision. • The award must include the names and addresses of the parties, the names, addresses, nationali - ties, fees and titles of the arbitrators, a copy of the arbitration agreement, a summary of the parties’ requests, submissions and documents, the dis - positive part of the award, and the date and place of issuance. Article 40 addresses the time limits for delivering an arbitral award. • The tribunal must render the final award within the period agreed upon by both parties. In the absence of such an agreement, the award must be issued within 12 months from the commencement of arbi - tration proceedings. • The tribunal may extend this period by up to six months unless the parties agree to a longer exten - sion. • If the award is not issued within the stipulated peri - od, either party can request the competent court to specify an additional period or terminate the arbitration proceedings. In such cases, either party may then file a case with the competent court. • If a new arbitrator is appointed, the period for the award extends by an additional 30 days. Articles 43 and 44 of the Saudi Arbitration Law outline the procedural requirements for handling and submit - ting the arbitration award. • Article 43 (1) specifies that the arbitration tribunal must provide each party with a true copy of the arbitration award within 15 days from its issuance. • Article 44 requires the tribunal to deposit the original award, or a signed copy of it, in its origi - nal language with the competent court within the same timeframe set in Article 43. If the award is in a foreign language, it must be accompanied by
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. In SCCA-administered arbitrations, Article 36 (3) of the SCCA Rules permits the SCCA to publish awards in anonymised or redacted form unless a party objects before the conclusion of the arbitration. Parties requir - ing a higher degree of confidentiality should there - fore expressly address this issue at the outset of the proceedings or incorporate appropriate confidentiality provisions into the arbitration agreement. 10. The Award 10.1 Legal Requirements Article 39 of the Saudi Arbitration Law outlines the requirements for an arbitral award. • The award must be made by majority vote if the tribunal consists of multiple arbitrators. Delibera - tions must be held privately. • If a majority decision is unattainable, the tribunal has 15 days to appoint a casting arbitrator. Failing that, the competent court will appoint one. • Procedural decisions can be issued by the presid - ing arbitrator if both parties or all tribunal members authorise this in writing, unless the parties agreed otherwise. • If the tribunal is authorised to settle the dispute amicably, the settlement award must be unani - mous. • The tribunal may issue provisional or partial awards before the final award, unless the parties agree otherwise.
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