SAUDI ARABIA Law and Practice Contributed by: Andreas Haberbeck, Derayah LLPC
14. Outlook 14.1 Proposals for Dispute Resolution Reform Dispute resolution in Saudi Arabia has already undergone fundamental changes starting with the reform of the courts system that was begun in 2007, and the Arbitration Regulation and Enforcement Regulation of 2012. More recently, in the last five years, court proceedings (and government services generally) have gradually been moved to digital platforms. Comprehen- sive new laws covering civil transactions and evidence are being prepared and are expected to be enacted in the near future. 14.2 Growth Areas Construction disputes have increased in recent years, and the trend is likely to continue. Previ- ously, the biggest projects tended to be under contracts with ministries or other government agencies, which have to be litigated before the Administrative Court. In recent years, major pro- jects have been initiated by companies, includ- ing state-owned companies, with dispute reso- lution through arbitration.
Under Article 9(6) of the Enforcement Regula- tion, 2012, applications for the execution of for- eign arbitration awards must be lodged with an execution judge. Article 11 of the Enforcement Regulation, 2012 and its Implementing Regula- tions sets out the rules for the enforcement of foreign judgments and arbitration awards, which include the following. • The award must be final and unappealable. • There must not have been any action pending before a Saudi Arabian court in respect of the same issues. • The defendant was summoned to attend, was properly represented and was put in a posi- tion to defend themselves. • The award does not conflict with Islamic law.
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