Arbitration in Saudi Arabia
Thiqah Law Firm and Legal Consultations provides litigation, legal representation, and legal consultation services in the field of arbitration in Saudi Arabia, with the aim of managing and resolving disputes efficiently and flexibly, protecting rights, and following up arbitral proceedings and related judicial and enforcement applications, in accordance with the Saudi Arbitration Law and the applicable laws and procedures. Arbitration is a legally recognized means of resolving disputes that the parties agree to refer to a sole arbitrator or an arbitral tribunal instead of having them initially decided by the courts, whether the agreement takes the form of an arbitration clause within a contract or a separate arbitration agreement.
Arbitration is distinguished by the flexibility it offers in procedure, the privacy of dispute management, and the ability to choose the arbitrators, language, seat of arbitration, and procedural rules to be applied, as agreed by the parties, provided that this does not violate Sharia principles or public order in the Kingdom. The law also applies to every arbitration conducted in Saudi Arabia, as well as to international commercial arbitration conducted abroad if the parties agree to subject it to the Saudi Arbitration Law, with the exception of disputes relating to personal status and matters in which settlement is not legally permissible.
What Are Arbitration Services?
Arbitration is a consensual method of resolving disputes outside the ordinary courts through a sole arbitrator or an arbitral tribunal, in accordance with the procedures and rules prescribed by law or agreed by the parties within the limits permitted by law.
Arbitration services include matters related to drafting arbitration clauses and agreements, representing parties during arbitral proceedings, following up court applications in support of arbitration, setting aside actions, and applications for enforcement of arbitral awards, depending on the nature and stage of the dispute.
Our Arbitration Services
Our arbitration services include a range of legal work, most notably:
- Providing legal consultations relating to arbitration agreements and clauses.
- Drafting and reviewing arbitration clauses in contracts and agreements.
- Representing parties in arbitration proceedings before various arbitral tribunals.
- Preparing requests for arbitration, memoranda, defenses, responses, and related documents.
- Representing clients in matters relating to the constitution of the arbitral tribunal, selection of arbitrators, and their challenge or removal where appropriate.
- Following up judicial applications in support of arbitration proceedings, including interim orders and precautionary measures.
- Filing actions to set aside arbitral awards and following up applications for enforcement of arbitral awards.
- Representing clients in disputes relating to arbitrators’ fees and compensation in cases permitted by law.
- Representing clients in domestic and international arbitration according to the nature of the dispute and the legal relationship.
Types of Arbitration Matters and Actions We Handle
We provide representation in a number of arbitration-related matters and actions, including:
- Setting aside arbitral awards.
- Applications for enforcement of arbitral awards.
- Deposit of arbitral awards.
- Deposit of interim or precautionary arbitral orders.
- Interim orders and precautionary measures related to arbitration.
- Judicial applications relating to arbitration proceedings.
- Arbitrators’ fees and compensation.
- Arbitration disputes in commercial cases.
- Arbitration disputes in general cases.
- Arbitration disputes in labor cases.
Types of Arbitration We Handle According to the Nature of the Dispute
First: Commercial Arbitration
This relates to commercial disputes in respect of which there is an arbitration agreement, together with related set-aside actions, enforcement orders, deposit of arbitral awards, supporting judicial applications, interim orders, precautionary measures, and disputes over arbitrators’ fees and compensation.
Second: General Arbitration
This relates to disputes that would originally fall within the jurisdiction of the General Court where there is a valid arbitration agreement, and also includes set-aside actions, enforcement, deposit, and judicial applications related to arbitration proceedings.
Third: Labor Arbitration
This relates to disputes arising out of employment contracts where arbitration is legally permissible and there is a valid agreement to arbitrate, together with related set-aside actions, enforcement, deposit, interim and precautionary applications, and arbitrators’ fees and compensation.
Fourth: Disputes in Which an Administrative Body Is a Party
We also represent clients in disputes in which an administrative or government entity is a party, where recourse to arbitration is legally permissible and all required approvals or legal requirements have been satisfied. As a general rule under the Arbitration Law, government entities may not agree to arbitration unless approval has been obtained from the Prime Minister, unless a special legal provision provides otherwise.
When Do You Need a Lawyer in Arbitration?
The need for legal representation in this field commonly arises in situations such as:
- When you wish to include a valid and clear arbitration clause in a contract.
- When a dispute arises in respect of which there is an arbitration agreement.
- When there is a need to commence arbitration proceedings or respond to a request for arbitration.
- When there is a dispute concerning the constitution or jurisdiction of the arbitral tribunal.
- When interim or precautionary measures are needed in connection with the arbitration dispute.
- When there is a desire to file an action to set aside an arbitral award or defend against such an action.
- When there is a need to obtain an order for enforcement of an arbitral award.
- When the arbitration matter requires professional handling that protects rights and reduces risks.
Competent Authority for Arbitration-Related Matters
The competent judicial authority for arbitration-related matters varies depending on the nature of the underlying dispute. Under the Arbitration Law, jurisdiction over actions to set aside arbitral awards, and over matters referred by the law to the court, lies with the Court of Appeal that would originally have jurisdiction over the dispute. If the arbitration is an international commercial arbitration, whether conducted in Saudi Arabia or abroad, jurisdiction lies with the Court of Appeal in Riyadh that would originally have jurisdiction over the dispute, unless the parties agree on another Court of Appeal within the Kingdom. The order for enforcement of an arbitral award is also issued by the competent court, or by its designated judge, after verifying that the legal requirements for enforcement have been met.
How We Handle Arbitration Cases
At Thiqah Law Firm and Legal Consultations, we carefully review the arbitration agreement, the nature of the dispute, and the related contracts and documents, then determine the most appropriate course of action, whether through activating the arbitration clause, commencing the proceedings, representing the client before the arbitral tribunal, submitting supporting judicial applications, or following up enforcement or set-aside proceedings after the award is issued, depending on the nature of the case.
We also ensure close follow-up throughout all stages of the matter and prepare the necessary applications, memoranda, defenses, and responses in a manner that serves the client’s interests, protects their rights, and supports their legal position in a professional and organized way.
Why Thiqah?
Because we believe that arbitration requires more than familiarity with the law alone. It also requires a precise understanding of the nature of the dispute, the drafting of the arbitration agreement, the effect of interim measures, the requirements for enforcement and set-aside, and the manner in which the dispute is managed before the arbitral tribunal and the competent courts. For this reason, we are committed to providing precise legal handling, effective professional representation, and carefully prepared applications, defenses, and memoranda that protect the client’s rights and support their position throughout all stages of the arbitration dispute.
Frequently Asked Questions
Do you draft and review arbitration clauses in contracts?
Yes, the service includes drafting and reviewing arbitration clauses and agreements in a way that ensures clarity and consistency with the nature of the contractual relationship and the requirements of the law.
Does the service include actions to set aside arbitral awards or applications for enforcement?
Yes, the service includes following up set-aside actions and applications for enforcement of arbitral awards, as well as related judicial procedures, depending on the nature of each case.
Do you provide representation in domestic and international arbitration?
Yes, we provide representation in domestic and international arbitration depending on the nature of the dispute, the legal relationship, the parties’ agreement, and the applicable procedural rules.
Can government entities agree to arbitration?
As a general rule, they may do so only after satisfying the required legal requirements, foremost among them approval from the Prime Minister, unless there is a special legal provision that provides otherwise in a specific context.
Contact Us
If you are looking for professional legal representation in arbitration in Saudi Arabia, Thiqah Law Firm and Legal Consultations provides the legal support you need to help manage disputes efficiently, protect rights, and confidently follow up arbitral and related judicial proceedings.
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