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Implementing Regulations of the Law of Arbitration

Issue date

22/5/2017

Category

Alternative dispute resolution

Legislation type

Regulation

Publication date

9/6/2017

Legislation status

Valid

Article 2

For the application of the Law and these Regulations, the competent court referred to in the Law and these Regulations shall mean the court of appeal having original jurisdiction over the dispute, except for the cases specified in Articles 9(1), 12, 40(3) of the Law.

Article 3

1. Subject to notification-related provisions provided for in the Law, electronic means may be used for serving notifications.

2. Absent a specific provision, the periods stipulated in the Law and these Regulations shall come into effect on the day following the notification date, unless the parties to arbitration agree otherwise. If the last day coincides with an official holiday in the domicile of the notified person, the period shall be extended to the first business day thereafter; otherwise, said holiday shall be included in the period.

Article 4

The party requesting the competent court to appoint an arbitrator shall include in the request a copy of the arbitration application and a copy of the arbitration agreement.

Article 5

1. An arbitrator may, upon a request for his disqualification, recuse himself from hearing a dispute without providing justification; such action shall not be deemed an admission by the arbitrator of the validity of the grounds upon which the party seeking disqualification based his request.

2. A request for the disqualification of an arbitrator shall not be accepted after the closing of arguments.

Article 6

If an arbitrator’s mandate expires in the cases specified in Article 19 of the Law, except where such mandate expires due to his disqualification, the arbitration proceedings shall be stayed until a replacement is appointed in accordance with the Law.

Article 7

deleted By

1. A copy of the contract concluded with an arbitrator shall, as applicable, be deposited with the Saudi Arbitration Center or with any other arbitration center, tribunal, or organization.

2. The court may, upon determining an arbitrator’s fee, request a copy of the contract concluded with said arbitrator, if any.

Article 8

If the parties to arbitration fail to agree on its arbitration proceedings, the arbitration tribunal shall determine the proceedings it deems suitable in accordance with the provisions of Article 25(2) of the Law and shall notify the parties thereof at least 10 days prior to their implementation.

Article 9

1. The party requesting arbitration shall include the following information in the arbitration application referred to in Article 26 of the Law:

a) his name, occupation, nationality, domicile, address, and contact information, as well as the name and occupation of his representative, if any.

b) the name of the other party to the arbitration.

c) a brief statement of the contractual relationship, the arbitration agreement, the subject and facts of the dispute, and the circumstances giving rise to the arbitration application.

d) a brief account of the demands of the party requesting arbitration.

e) a proposal for the appointment of an arbitrator if no arbitrators are named and if a single arbitrator is required, or include the name of the arbitrator he selected if the tribunal is composed of three arbitrators or more.

2. Any dispute regarding the adequacy of the information included in the arbitration application shall not preclude the formation of the arbitration tribunal; such dispute shall be resolved by the tribunal.

Article 10

If the arbitration tribunal is composed of a single arbitrator and the parties to arbitration fail to agree on his appointment, the competent court shall, pursuant to a petition filed by the party seeking to expedite the arbitration, appoint such arbitrator within 15 days from the date the petition is filed.

Article 11

In case of multiple parties to arbitration, the proceedings shall commence on the day on which the last party receives the arbitration application.

Article 13

1. In the expert appointment decision, the arbitration tribunal shall specify the expert’s duties and the urgent actions he is authorized to take; the report submission deadline; his fees; and, if applicable, the amount of the advance payment for his expenses, the party assigned to make such payment, and the payment deadline.

2. If the party assigned to make the advance payment fails to do so and the other party does not make such payment, the expert shall not be obligated to carry out his duties, and the arbitration tribunal may continue the proceedings. The party assigned to make the advance payment may not invoke the expert appointment decision if the arbitration tribunal finds his failure to pay the prescribed amount unjustifiable.

3. The arbitration tribunal may replace the expert or take any action it deems fit if the expert unjustifiably fails to meet the report submission deadline.

Article 13

The arbitration tribunal may accept the intervention or the joinder of a third party, upon the approval of the parties to arbitration and the party to be joined.

Article 16

An additional award shall be subject to the provisions governing the arbitration award, except for the period of issuance.

Article 17

1. Any appeal of a decision vacating the arbitration award provided for in Article 51(2) of the Law shall be heard by the Supreme Court.

2. The competent authority referred to in Article 55(3) of the Law is the Supreme Court.

Article 18

1. An appeal for vacating the arbitration award shall not be accepted if the appellant waives his right to file the same upon the issuance thereof.

2. The party filing the vacation appeal shall attach the following documents:

a) the original arbitration award or a certified copy thereof;

b) a true copy of the arbitration agreement; and

c) a certified Arabic translation of the arbitration award if it is issued in another language.

Article 19

These Regulations shall be published in the Official Gazette and shall enter into force as of the date of its publication.

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