When Is Arbitration Used Instead of Traditional Litigation?
Arbitration is used when a contract contains an explicit arbitration clause binding both parties to this path when a dispute arises, a common choice in major commercial and international contracts, where arbitration's confidentiality and relative speed offer an important advantage compared to lengthy public litigation.
Drafting the Arbitration Clause in Commercial Contracts
We help you draft a clear arbitration clause in your commercial contracts, defining the arbitration seat, language used, number of arbitrators and their selection mechanism, and applicable procedural rules, since a carefully drafted clause prevents future procedural disputes over how the arbitration itself is conducted.
Selecting Suitable Arbitrators
We help you select arbitrators with specialized expertise suitable for your dispute's nature, whether a complex engineering dispute or a specialized financial dispute, since choosing the right arbitrator fundamentally affects understanding the case and the quality of the resulting decision.
Representation Before Local Arbitration Bodies
We represent clients before the Saudi Center for Commercial Arbitration and other local arbitration bodies, preparing memoranda and pleadings accounting for these bodies' special procedural rules, which may differ from traditional court procedures.
Representation Before International Arbitration Tribunals
In disputes involving international parties, we represent clients before approved international arbitration tribunals, accounting for international procedural rules different from local practice, and clarifying relevant aspects of the Saudi system for arbitrators from other legal backgrounds.
Challenging or Enforcing the Arbitration Award
The final arbitration award carries binding force, but limited cases exist where this award can be challenged before the competent court, such as a fundamental procedural defect, and we help you assess this option or follow enforcement procedures if the award is in your favor.
Enforcing Foreign Arbitration Awards in the Kingdom
When you have an arbitration award issued outside the Kingdom, we help you follow recognition and local enforcement procedures, procedures different from enforcing ordinary local court judgments.
Comparing Arbitration to Traditional Litigation and Mediation
We help clients assess which path is most suitable for their dispute: binding arbitration, traditional litigation, or non-binding mediation, based on the dispute's nature and parties' desire for confidentiality and speed versus appeal possibility.
Arbitration Cost Versus Traditional Litigation
We clarify to clients the cost difference between arbitration and traditional litigation; arbitration might cost more in arbitrator fees, but often compensates for this through faster resolution and avoiding lengthy multiple litigation stages.
How We Start With You
Send us your contract's arbitration clause or the dispute details you're facing on WhatsApp. We help you understand the correct procedure and effective representation before the competent arbitration body.
Frequently Asked Questions
Our contract includes an arbitration clause. Can we file a lawsuit before an ordinary court instead?
Usually no, an explicit arbitration clause binds both parties to this path, and we help you review the clause's text to precisely determine its scope.
How do we select a suitable arbitrator for a complex engineering dispute?
We help you identify arbitrators with specialized technical expertise relevant to the dispute's nature, not just general legal expertise.
An arbitration award was issued against us that we believe carries a fundamental procedural defect. Can it be challenged?
Yes in limited cases, and we help you assess how strong this defect is and the challenge's success chances before the competent court.
We have an arbitration award issued in another country and want to enforce it in Saudi Arabia. What's the procedure?
We help you follow recognition procedures for this award and its local enforcement, procedures different from enforcing ordinary local court judgments.
What's the practical difference between arbitration and mediation in terms of being binding?
Arbitration ends with a binding decision from the arbitrator, while mediation ends with a solution the parties themselves agree to without being binding, and we help you choose the most suitable path for your dispute.
We're drafting a new commercial contract. Do you recommend including an arbitration clause?
It depends on the deal's nature and size; we recommend it for major or international deals, and help you draft it precisely defining all necessary procedural details.
Is arbitration more expensive than ordinary litigation?
It could be in terms of arbitrator fees, but it often compensates for this cost through faster resolution and avoiding lengthy multiple litigation stages.