Arbitration & Mediation Lawyers
We act for parties in domestic and international commercial arbitration, and draft arbitration clauses that hold up when tested.
Overview
Arbitration in Saudi Arabia is no longer an exotic route. An Arbitration Law built on internationally recognised rules, together with the Saudi Center for Commercial Arbitration, has made an arbitration clause a practical option in high-value, technical and cross-border contracts — provided the clause itself is drafted properly.
We work at three points: drafting the arbitration clause before any dispute; representing parties through the proceedings from constitution of the tribunal to the award; and the post-award stage — seeking enforcement or resisting a challenge. We also act in mediation where it is faster and cheaper than arbitration itself.
Arbitration is often faster than court and more confidential, but it is not always cheaper. Tribunal, institutional and expert fees can exceed the value in dispute in smaller contracts. We say so before recommending an arbitration clause in a contract that cannot carry one.
The legal framework
Arbitration and mediation in the Kingdom rest on a clearly defined framework:
- The Saudi Arbitration Law and its implementing regulations
- The Saudi Center for Commercial Arbitration and its procedural rules
- The Enforcement Law for domestic and foreign arbitral awards
- The New York Convention on recognition and enforcement of foreign awards
- The Commercial Courts Law for actions to set aside an award
- The mediation and amicable settlement rules adopted by the centres
Situations we handle
Drafting an arbitration clause in a new contract
An incomplete clause creates a dispute before the dispute. We specify the institution, rules, number of arbitrators, language and seat expressly.
A high-value technical construction dispute
Arbitration suits it because the tribunal can include technical expertise and because confidentiality protects the parties' commercial relationships.
Representation in a pending arbitration
We handle submissions, tribunal constitution, expert evidence and hearings, with close control of the procedural timetable.
Applying to enforce an award
Filed before the enforcement court. A foreign award is subject to the recognition and enforcement conditions set by the law and the convention.
Mediation before escalation
Where the commercial relationship continues, mediation is usually faster and cheaper and preserves what can be preserved of the partnership.
Costly mistakes we see
- 1
A general or truncated arbitration clause
"Disputes shall be resolved by arbitration" without more opens an argument about the procedure itself and burns months before the merits are reached.
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Choosing arbitration for a low-value contract
Arbitration costs are relatively fixed and do not scale down. For modest contracts the court is the economically sensible forum.
- 3
Ignoring the procedural timetable
Arbitral deadlines are strict, and losing the right to file a defence or a document is not repaired by later advocacy.
- 4
Assuming an award cannot be challenged
It is not reviewed on the merits, but it can be set aside on defined grounds. Overlooking that catches the winning party out at the enforcement stage.
How the procedure runs, step by step
Arbitration in Saudi Arabia is governed by the Arbitration Law of 1433H. It is a sound route for large commercial disputes, provided the arbitration clause was drafted correctly at the outset.
- 1
Test the validity of the arbitration clause
We examine the clause: does it fix the rules, the number of arbitrators, the seat and the language? Who signed it, and did they have authority to bind the company to arbitrate? A defective clause voids the process after a year and substantial cost.
- 2
Commence and constitute the tribunal
The request goes to the agreed centre, such as the Saudi Center for Commercial Arbitration, and the tribunal is then constituted. Choosing an arbitrator with experience of the sector in dispute changes outcomes more than any memorandum.
- 3
Written submissions and hearings
Exchange of written submissions with evidence and expert reports, then hearings and witness examination. Arbitration keeps to its timetable more strictly than the courts, and evidence filed late may be excluded.
- 4
Mediation as a parallel track
We raise mediation where preserving the commercial relationship matters more than winning a particular sum. The resulting settlement can be converted into a consent award, which makes it directly enforceable.
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The award and its enforcement
The award issues within the agreed period and is final; the enforcement order is sought from the competent Court of Appeal. That court does not revisit the merits, only the formal grounds of nullity, which is why procedural soundness matters more than the strength of the argument.
Documents we will ask you for
- The contract containing the arbitration clause
- Correspondence on the dispute and how it arose
- The calculation of the claim and loss documents
- Board resolutions or powers of attorney on authority
- Any court proceedings already on foot about the dispute
- Available technical reports or expert valuations
Fees and timelines
Our fees in arbitration are set by stage: drafting or reviewing the clause, the proceedings, then enforcement or set-aside. Tribunal, institutional and expert fees are paid directly to those bodies and are not part of our fee; we give you an estimate of them in advance so they do not arrive as a surprise.
On timing: institutional arbitration usually runs six to eighteen months depending on complexity, the number of arbitrators and technical evidence. Mediation is far quicker and can close a dispute within weeks where both parties are serious about resolving it.
Common questions
When should we choose arbitration over court?
Where the value is significant, the subject matter technical, the parties cross-border, or confidentiality matters. In smaller contracts the court is the better economic choice, because arbitration costs can exceed the amount in dispute.
Is an arbitral award enforceable in Saudi Arabia?
Yes, through the enforcement court under the statutory conditions. Foreign awards are enforced within the recognised framework, subject to verification that the award does not conflict with public policy.
How long does arbitration take?
Typically six to eighteen months. Duration is driven by the number of arbitrators, the volume of documents and the need for technical expertise more than by the amount in dispute.
Can an award be challenged?
The merits are not reheard, but an action to set aside is available on defined grounds only — a defect in the arbitration agreement, the tribunal exceeding its mandate, or conflict with public policy.
How do we draft the clause properly?
Name the institution, the procedural rules, the number of arbitrators, the language, the seat and the governing law. Five precisely drafted lines save months of procedural argument later.
What is the difference between mediation and arbitration?
A mediator brings the parties together and issues no binding decision; an arbitrator decides with a final award. Mediation is faster, cheaper and preserves the relationship, but it requires genuine willingness on both sides.
Are arbitral proceedings confidential?
Confidentiality is one of its main advantages: hearings and documents are not public as they are in court. That is a principal reason for choosing it in disputes touching reputation or trade secrets.
Who pays the costs of the arbitration?
They are advanced according to the agreed rules, and the tribunal may allocate part or all of them to the losing party in the final award. The allocation mechanism is often settled in the clause itself.
Will you represent us in international arbitration?
Yes, coordinating with counsel in other jurisdictions where needed, while retaining case management and strategy here so the client has a single point of contact.
Related services
Arbitration Documentation Lawyers
We prepare statements of case and defence and supporting arbitration filings under the chosen rules.
Commercial Contract Lawyers
We draft and review commercial agreements that protect your negotiating position and reduce the chance of a dispute arising at all.
Construction & Engineering Lawyers
We act for owners, contractors and consultants on project contracts and disputes.