{"id":2623,"date":"2026-02-23T11:20:18","date_gmt":"2026-02-23T11:20:18","guid":{"rendered":"https:\/\/alrashidi.law\/?p=2623"},"modified":"2026-03-24T12:57:58","modified_gmt":"2026-03-24T12:57:58","slug":"key-features-of-the-updated-rules-of-the-saudi-center-for-commercial-arbitration","status":"publish","type":"post","link":"https:\/\/alrashidi.law\/en\/key-features-of-the-updated-rules-of-the-saudi-center-for-commercial-arbitration\/","title":{"rendered":"Key Features of the Updated Rules of the Saudi Center for Commercial Arbitration"},"content":{"rendered":"

The comprehensive legislative and economic reform program undertaken by the Kingdom of Saudi Arabia in furtherance of Vision 2030 has positioned the Kingdom as a global leader in competitiveness and innovation, as reflected by its advanced international rankings in the World Competitiveness Yearbook 2024. (1)<\/span><\/p>\n

The Rules promulgated by the Saudi Center for Commercial Arbitration in 2023 constitute one of the tangible outcomes of these reforms, as they embody the most advanced developments in arbitration in accordance with international standards. This is attributable to the fact that arbitration provides a neutral and flexible mechanism for the resolution of disputes, thereby fostering legal certainty and supporting sustainable economic growth in the Kingdom. Accordingly, these Rules reinforce the ambition of the Saudi Center for Commercial Arbitration to become the preferred regional forum for dispute resolution. (2)<\/span><\/p>\n

In establishing the updated Rules of 2023\u2014as well as the earlier Rules issued in 2016, the Kingdom relied on the UNCITRAL Model Law on International Commercial Arbitration, whether the version adopted in 1985 as amended in 2006, or the version issued in 2021. In doing so, the Kingdom has aligned itself with the most recent international standards in modernizing its legislative framework governing international commercial arbitration.<\/span><\/p>\n

This update comes in response to the practical and commercial concerns expressed by users and practitioners of arbitration. These Rules seek to create a secure and attractive environment for both foreign and domestic investment in the Kingdom. In this regard, the Saudi Companies Law supports the use of arbitration by providing multiple mechanisms for dispute resolution, strengthening investor confidence, and limiting the diversion of disputes to other jurisdictions.<\/span><\/p>\n

On the Technical Decisions Board of the Saudi Center for Commercial Arbitration:<\/b><\/p>\n

The Technical Decisions Board of the Saudi Center for Commercial Arbitration may be defined as: \u201cAn independent body within the Saudi Center for Commercial Arbitration that performs a number of functions stipulated in the Rules and in the Internal Rules of the Technical Decisions Board.\u201d (3)<\/span><\/p>\n

The Board is composed of no fewer than twelve (12) members, including the Chairperson and the Vice-Chairpersons. (4)<\/span><\/p>\n

This confirms that the Technical Decisions Board operates independently from the Center\u2019s Board of Directors and its members. (5)<\/span><\/p>\n

The powers of the Technical Decisions Board include granting it authority to determine the principal administrative aspects of the arbitration process, including the appointment and removal of arbitrators; consideration of applications for their challenge; consolidation of claims; review of arbitral awards; determination of objections concerning claims arising out of, or connected with, more than one contract or more than one arbitration agreement submitted within a single Request for Arbitration; determination of the seat of arbitration; and resolution of disputes relating to the number of arbitrators. (6)<\/span><\/p>\n

Strengthening and Supporting Digitization and Electronic Practices in Case Management at the Saudi Center for Commercial Arbitration<\/b><\/p>\n

To begin with, it must be clarified that the Rules for Electronic Arbitration Procedures at the Center first emerged on 19 Safar 1440H corresponding to 10 October 2018, and were amended once on 18 Dhu al-Qa\u2018dah 1442H corresponding to 1 July 2021. The Arbitration Rules issued in 2023 subsequently introduced amendments to these procedures alongside the previous rules. These amendments include measures aimed at improving the level of services provided to the parties, such as the launch of the digital signature service by the Saudi Center for Commercial Arbitration, which enables the parties to sign electronically any documents issued during the dispute proceedings without the need for written signatures. This has eliminated geographical barriers and facilitated the ability of business owners to benefit from the Center\u2019s services regardless of their location. This step aligns with the efforts of the United Nations Commission on International Trade Law (UNCITRAL) to enhance recognition and enforcement of electronic arbitral awards. The service also covers the signing of arbitral awards, procedural orders, appointments of arbitrators and mediators, and party agreements (7).<\/span><\/p>\n

Annex IV of the 2023 Arbitration Rules is dedicated to the Rules of Electronic Arbitration Procedures. Article One sets out its scope of application and requires, for the Rules to apply, the written consent of the parties provided that the amount in dispute does not exceed SAR 200,000, which is the value of the claim filed (8). The Rules further clarify how to submit the request electronically (9), determine the seat of arbitration (10), handle the response and counterclaim (11), appoint and challenge the arbitrator (12), and specify the language \u2014 which must be Arabic unless the parties agree otherwise (13). They also regulate the issuance of the award based on written submissions and hearings (14) and determine the time limit within which the final award must be rendered, not exceeding 30 days from the date of its constitution or from the date of confirmation of the appointment in case of a challenge application (15).<\/span><\/p>\n

Rules and Procedures of the Emergency Arbitrator under the 2023 SCCA Arbitration Rules<\/b><\/p>\n

Article One of the 2023 Arbitration Rules defines the Emergency Arbitrator as:<\/span>
\n<\/span>\u201cA sole arbitrator who decides in emergency arbitration matters.\u201d<\/span><\/p>\n

The Rules and Procedures of the Emergency Arbitrator were introduced for the first time on 19 Safar 1440H corresponding to 10 October 2018 and were updated pursuant to the Arbitration Rules issued in 2023. The purpose of the Emergency Arbitrator mechanism is to fill the gap between the occurrence of the dispute and the completion of the constitution of the arbitral tribunal, a process that may take time, while a party may be in urgent need of a temporary interim measure that cannot tolerate delay. The 2023 Rules, for the first time, allow any party seeking urgent relief in accordance with Article 7 of the Arbitration Rules to submit an application accompanied by the required documents to the case administrator, provided that the request for emergency arbitration is submitted within ten (10) days; otherwise, the case administrator will close the urgent measure application (16).<\/span><\/p>\n

Among the features introduced by the new Rules is that the appointment of the Emergency Arbitrator is made by the Technical Decisions Board within one (1) day of receiving the application (17). Furthermore, the Emergency Arbitrator issues a procedural timetable for considering the interim relief application within two (2) business days from the date of his appointment (18), and the emergency order or interim award must be issued within no more than fourteen (14) days from the date the case file is forwarded to the Emergency Arbitrator, noting that the case administrator may extend this period in exceptional and substantiated circumstances upon a reasoned request by the Emergency Arbitrator (19).<\/span><\/p>\n

New Cases for Challenging Arbitrators under the 2023 Arbitration Rules<\/b><\/p>\n

The 2023 Arbitration Rules introduced two additional grounds for challenging an arbitrator:<\/span><\/p>\n

    \n
  1. If the arbitrator fails to perform his duties.<\/span><\/li>\n
  2. If it is evident that the arbitrator does not possess the agreed qualifications (20).<\/span><\/li>\n<\/ol>\n

     <\/p>\n

    \n

     <\/p>\n

    Sources:<\/b><\/p>\n

      \n
    1. The Saudi Center for Commercial Arbitration was established pursuant to Council of Ministers Resolution No. 448 dated 25\/8\/1440H.<\/span><\/li>\n
    2. Michael Patchett-Joyce, article titled \u201cThe New Rules of the Saudi Center for Commercial Arbitration\u201d, published at <2023_SCCA_Rules_From_the_Int_Arb_Community_Perspective_Ar.pdf>, accessed at 6:00 PM.<\/span><\/li>\n
    3. Article 3\/1 of the Arbitration Rules issued by the Saudi Center for Commercial Arbitration on 11 Shawwal 1444H corresponding to 1 May 2023.<\/span><\/li>\n
    4. Article One of the Internal Rules of the Technical Decisions Board issued on 13 Dhu al-Hijjah 1444H corresponding to 10 July 2023.<\/span><\/li>\n
    5. Article Two of the Internal Rules of the Technical Decisions Board issued on 13 Dhu al-Hijjah 1444H corresponding to 10 July 2023.<\/span><\/li>\n
    6. Article Two of the same Rules.<\/span><\/li>\n
    7. Media Center publication of the Saudi Center for Commercial Arbitration titled: \u201cThe Center Launches the Digital Signature Service for Signing Arbitral Awards Electronically\u201d, accessed on 11\/9\/2025 at 2:56 PM.<\/span><\/li>\n
    8. Article 1\/1 of Annex IV (Rules of Electronic Arbitration Procedures) of the Arbitration Rules issued by the Saudi Center for Commercial Arbitration on 11 Shawwal 1444H corresponding to 1 May 2023.<\/span><\/li>\n
    9. Article 2 of the same Annex.<\/span><\/li>\n
    10. Article 7 of the same Annex.<\/span><\/li>\n
    11. Article 3 of the same Annex.<\/span><\/li>\n
    12. Article 5 of the same Annex.<\/span><\/li>\n
    13. Article 8 of the same Annex.<\/span><\/li>\n
    14. Article 10 of the same Annex.<\/span><\/li>\n
    15. Article 11 of the same Annex.<\/span><\/li>\n
    16. Article 1\/1 of Annex III (Rules of Emergency Arbitrator Procedures) of the Arbitration Rules issued by the Saudi Center for Commercial Arbitration on 11 Shawwal 1444H corresponding to 1 May 2023.<\/span><\/li>\n
    17. Article 2\/1 of the same Annex.<\/span><\/li>\n
    18. Article 6\/1 of the same Annex.<\/span><\/li>\n
    19. Article 7\/7 of the same Annex.<\/span><\/li>\n
    20. Article 18\/1 of the same Annex.<\/span><\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"

      The comprehensive legislative and economic reform program undertaken by the Kingdom of Saudi Arabia in furtherance of Vision 2030 has positioned the Kingdom as a global leader in competitiveness and innovation, as reflected by its advanced international rankings in the World Competitiveness Yearbook 2024. (1) The Rules promulgated by the Saudi Center for Commercial Arbitration […]<\/p>\n","protected":false},"author":2,"featured_media":601,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"disabled","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"default","adv-header-id-meta":"","stick-header-meta":"default","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"set","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[28],"tags":[],"class_list":["post-2623","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-arbitration-and-dispute-resolution"],"acf":[],"_links":{"self":[{"href":"https:\/\/alrashidi.law\/en\/wp-json\/wp\/v2\/posts\/2623","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/alrashidi.law\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/alrashidi.law\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/alrashidi.law\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/alrashidi.law\/en\/wp-json\/wp\/v2\/comments?post=2623"}],"version-history":[{"count":1,"href":"https:\/\/alrashidi.law\/en\/wp-json\/wp\/v2\/posts\/2623\/revisions"}],"predecessor-version":[{"id":4577,"href":"https:\/\/alrashidi.law\/en\/wp-json\/wp\/v2\/posts\/2623\/revisions\/4577"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/alrashidi.law\/en\/wp-json\/wp\/v2\/media\/601"}],"wp:attachment":[{"href":"https:\/\/alrashidi.law\/en\/wp-json\/wp\/v2\/media?parent=2623"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/alrashidi.law\/en\/wp-json\/wp\/v2\/categories?post=2623"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/alrashidi.law\/en\/wp-json\/wp\/v2\/tags?post=2623"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}