Arbitration in KSA | New Reforms

Arbitration in Saudi Arabia: From SCCA to International Enforceability under New Reforms

Introduction

Saudi Arabia is reshaping its dispute resolutionin line with Vision 2030’s ambition to position the Kingdom as a global investment hub. Arbitration is increasingly becoming a preferred way to resolve commercial disputes. In Saudi Arabia, it is supported by the 2012 Arbitration Law, the Saudi Center for Commercial Arbitration (SCCA), and recent legal reforms. These developments show that the Kingdom is building a reliable arbitration framework in line with international standards, including the New York Convention of 1958. Here we discuss the legal foundations, institutional development, and strategic impact of these reforms, with emphasis on enforceability, and compliance with Sharia.  

1. What Are the Foundations of Saudi Arabia’s Arbitration Framework?

The Saudi Arbitration Law 2012, enacted under Royal Decree No. M/34, is the foundation of Saudi Arabia’s arbitration regime. Based largely on the UNCITRAL Model Law, it also incorporates Sharia principles. The law applies to both - domestic and international arbitrations seated in the Kingdom, it requires written arbitration agreements, per Article 9, and upholds party autonomy, confidentiality, and tribunal's authority to decide on its own jurisdiction, per Articles 25 and 16. Grounds for annulment are narrowly defined, aligning with UNCITRAL standards, per Article 50.

The Enforcement Law 2012, under Royal Decree No. M/53, establishes specialized Enforcement Courts to execute awards, streamlining procedures previously subject to General Courts’ discretion. The SCCA, established in 2014, administers disputes under its Arbitration Rules 2023, incorporating expedited procedures, virtual hearings, and early dismissal mechanisms, per Articles 32, 28, and 34. The Ministry of Justice and Board of Grievances provide judicial oversight, ensuring Sharia compliance, per Civil Transactions Law 2023, Article 9. This framework balances international norms with Islamic legal traditions.

2. To What Extent Has the SCCA Enhanced Investor Confidence in Commercial Arbitration?

The SCCA has established itself as a neutral and reliable forum for resolving commercial disputes, comparable to global institutions such as the ICC and LCIA. It operates in both Arabic and English, and its 2023 Arbitration Rules give parties flexibility to choose the governing law, seat, and language of their arbitration (Article 7). Urgent matters can be handled through emergency arbitration (Article 26), and digital case management adds transparency to the process. Oversight is provided by the SCCA Court, created in 2023 and composed of independent international experts (Article 13).

With a diverse panel of arbitrators and a new headquarters in Riyadh, the SCCA has become attractive for joint ventures, public-private partnerships, and technology projects. Recent growth in cases from construction, energy, and finance sectors reflects rising investor confidence, according to the SCCA’s 2024 reports. By adopting the UNCITRAL Rules for cross-border disputes, the SCCA aims to strengthen its position as a regional hub, though sustained transparency and case volume will be critical to rivaling global competitors.

3. How Enforceable Are Foreign Arbitral Awards in Saudi Arabia Today?

Saudi Arabia’s accession to the New York Convention in 1994, without reservations, underscores its commitment to enforcing foreign arbitral awards. The Enforcement Law 2012, Article 11, mandates recognition unless Article V exceptions apply, such as public policy or Sharia violations, per Civil Transactions Law 2023, Article 50. Enforcement Courts, under the Ministry of Justice, require consular-legalized awards, certified Arabic translations, and Sharia compliance verification by the Legal Advisory Panel.

Judicial practice has evolved significantly. Post-2016 rulings demonstrate deference to arbitral autonomy, with public policy rejections declining, narrowly construed to exclude economic policy but encompass riba or public morality conflicts. Enforcement remains complex in sensitive sectors (e.g., usury-related disputes), where procedural formalities or domestic party objections may delay execution. Parties must structure awards to anticipate Sharia scrutiny, ensuring procedural and substantive compliance for seamless enforceability.

4. What Legal and Strategic Reforms Are Enhancing the Arbitration Ecosystem?

Saudi Arabia’s arbitration reforms, spanning 2020–2024, strengthen judicial efficiency and institutional resilience. Specialized Commercial Courts, launched in 2020, complement arbitration outcomes with expert adjudication, per Royal Decree No. M/93. The SCCA Court, established in 2023, enhances oversight for complex arbitrations, per SCCA Rules, Article 13. The Privatization and PPP Law 2021 permits arbitration for public-private disputes, per Article 28, signaling investor-friendly policies.

The anticipated Draft Arbitration Law 2024, under consultation, proposes digital filings, third-party funding, and stricter arbitrator impartiality standards, per ongoing Ministry of Justice reviews. Judicial training programs, initiated in 2023, ensure consistent Sharia interpretations, reducing public policy challenges. These reforms, tied to Vision 2030, position Saudi Arabia as a competitive arbitration hub, rivaling Dubai’s DIFC and Qatar’s QICCA by embedding legal certainty and procedural efficiency.

5. What Should Parties Consider When Drafting Arbitration Agreements Involving Saudi Elements?

Drafting arbitration agreements for Saudi-related disputes requires precision to navigate Sharia and procedural nuances. Parties should specify the arbitration seat, with Riyadh leveraging Enforcement Court efficiency, per Arbitration Law 2012, Article 3. Designating SCCA or ICC rules, per Article 11, ensures procedural rigor, while excluding riba-based remedies aligns with Civil Transactions Law 2023, Article 50. Arabic or English may be chosen, but explicit language selection avoids disputes, per SCCA Rules, Article 7.

For state-related disputes, Saudi law is often mandatory, while commercial contracts may select neutral laws, per Article 38. Virtual hearings, per Article 28, enhance flexibility. Early enforcement risk assessments, including consular legalization protocols, mitigate delays. Local counsel should verify Sharia compliance to ensure awards withstand judicial review, safeguarding enforceability in high-value disputes.

6. How Does Saudi Arabia Compare with Other Gulf Arbitration Hubs?

Saudi Arabia is positioning itself closer to Gulf arbitration hubs like Dubai’s DIFC-LCIA, Qatar’s QICCA, and Bahrain’s BCDR-AAA. DIFC’s common-law framework and Qatar’s procedural autonomy offer streamlined enforcement, per UAE Federal Law No. 6/2018 and Qatar Law No. 2/2017. Saudi Arabia’s Sharia-integrated regime, anchored by SCCA and Enforcement Courts, achieves comparable efficiency but with procedural formalities, per Enforcement Law 2012, Article 11.

Saudi Arabia’s Vision 2030-driven reforms, including judicial digitization and commercial court specialization, distinguish it from competitors. The SCCA’s case growth contrasts with DIFC’s established reputation, but fragmentation risks persist if investors favor DIFC. By sustaining reforms, Saudi Arabia can rival regional hubs, leveraging its economic scale to enhance arbitration credibility.

7. What’s Next for Arbitration in Saudi Arabia?

Saudi Arabia’s arbitration trajectory is defined by innovation and ambition. Third-party funding, under review in the Draft Arbitration Law 2024, could democratize access to high-stakes disputes. Blockchain-based case management, piloted by SCCA in 2024, enhances transparency, while AI-driven evidence analysis, trialed in energy disputes, streamlines proceedings. Special Economic Zones (SEZs), planned for NEOM, may introduce bespoke arbitration regimes, akin to DIFC, per Vision 2030 blueprints.

Public sector entities, increasingly arbitration-savvy, adopt global dispute strategies in energy and construction, per Privatization Law 2021, Article 28. Judicial training and digital platforms will further reduce enforcement timelines, positioning Saudi Arabia as a global arbitration leader. These trends underscore the Kingdom’s commitment to shaping a dispute resolution ecosystem that balances tradition with innovation.

Conclusion

Saudi Arabia’s arbitration framework, propelled by the Saudi Arbitration Law 2012, SCCA’s institutional maturity, and Vision 2030 reforms, is no longer an outlier but a formidable contender in global dispute resolution. Enforcement Courts, digital innovations, and Sharia-compliant procedures ensure robust enforceability, though procedural and public policy challenges demand strategic foresight. For global businesses, Saudi arbitration offers a platform for predictable dispute outcomes, contingent on tailored clauses and risk assessments. Counsel must monitor SCCA’s blockchain pilots, the Draft Arbitration Law 2024, and SEZ arbitration regimes, as these will shape enforceability by 2030. In a region where legal clarity drives capital, Saudi Arabia’s arbitration ascent signals a transformative opportunity, redefining its role in cross-border investment strategies.

Investor-State Arbitration and Bilateral Investment Treaties

Saudi Arabia has signed more than 25 bilateral and multilateral investment treaties that allow for investor–state arbitration, complementing its domestic arbitration system. These treaties, which follow either ICSID or UNCITRAL Rules, provide an avenue for resolving disputes in sectors such as infrastructure, energy, and sovereign-backed projects. Together, the protections under investment treaties and the enforcement mechanisms of the 2012 Enforcement Law (applied in line with Article V of the New York Convention) create a dual layer of recourse. For investors, this means that combining commercial arbitration with treaty-based arbitration can be an effective strategy to make full use of Saudi Arabia’s treaty network.