mc_gov_sa · executive_regulation · processed · 21 chunks
VISION àj 2×30 الملكه العربيه السعوديه KINGDOM OF SAUDI ARABIA وزاره التجاره Ministry of Commerce Implementing Regulations of the Arbitration Law [Non-Text] وزاره التجاره Ministry of Commerce VISION à Jô 2*30 المملكه العربيه السعوديه KINGDOM OF SAUDI ARABIA In the Name of Allah the Most Merciful and Compassionate Decree No. 541, dated 26/8/1438 H The Council of Ministers Upon reviewing Transaction No. 9199, dated 18/2/1437 H., received from the Royal Court and containing the letter of His Excellency the Minister of Justice, No. 170436/37, dated 05/02/1437 H., regarding the draft Implementing Regulation of the Arbitration Law; Draft of the abovementioned Regulations; Council of Ministers Decree No. (156), dated 17/05/1433 H.; Arbitration Law, issued by the Royal Decree No. (M/34), dated 24/05/1433H.; Minutes number (212), dated 02/03/1438 H. and the Memorandum No. (823), dated 02/07/1438 H., prepared in the Bureau of Experts of the Council of Ministers; Recommendation prepared by the Council of Economic Affairs and Development No. (16-46/38/D), dated 16/07/1438 H., and Recommendation of the General Committee of the Council of Ministers No. (3454), dated 19/08/1438 H. Has decided to approve the Implementing Regulations of the Arbitration Law, issued by Royal Decree No. (M/34), dated 24/05/1433 H., as attached. +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه @ SaudiMCI www.mci.gov.sa 2 [Non-Text] وزاره التجاره Ministry of Commerce VISION à Jg 230 المملك العربيه السعوديه KINGDOM OF SAUDI ARABIA Implementing Regulations of the Arbitration Law Article 1: For the purposes of applying the Law and Regulation, the following words and phrases shall have the meanings given to each of them: Law: Arbitration Law. Regulations: The Implementing Regulations of the Arbitration Law. Article 2: For the purposes of applying the Law and Regulations, the competent court referred to in the Law and Regulations is meant to be the Court of Appeal originally competent to settle the disputes, except for the cases referred to in Article (9.1), Article (12) and Article (40.3) of the Law. Article 3: 1. Subject to the provisions of the Law in terms of notifications, the concerned notifications shall be verified by electronic means. 2. Unless otherwise is specified, the terms set out in the Law and Regulations shall be enforced on the day following the notification, unless both arbitrating parties agree otherwise. In case the last day in the specified term is an official holiday, where the notified party lives or works, the term shall be extended to the first business day thereafter; otherwise, the holiday shall be calculated from the time specified. Article 4: The party requesting the competent court to appoint an arbitrator shall attach to his application a copy of the arbitration application and a copy of the arbitration agreement. Article 5: 1. The arbitrator may withdraw from reviewing the dispute in case he is challenged, without giving reasons to that withdrawal, and this shall not be deemed an acknowledgment of that arbitrator to the validity of the reasons on which the challenge is based. 2. The request to challenge the arbitrator shall not be accepted after the close of pleadings. Article 6: If the arbitrator's task terminates in the cases mentioned in Article (19) of the Law, except for the case of termination due to challenging the arbitrator's, in which the arbitral proceedings shall cease until an alternative arbitrator is appointed in accordance with the Law. Article 7: The article has been deleted based on Council of Ministers Resolution No (249) of H7/4/1444. Article 8: In case the parties to the arbitration have not agreed on the procedures to be followed by the arbitral tribunal, and the tribunal has selected the arbitral proceedings it deems appropriate in accordance with +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه @ SaudiMCI www.mci.gov.sa 3 [Non-Text] وزاره التجاره Ministry of Commerce VISION à l'ÉLÉ 2 30 المركبه العربيه السعوديه KINGDOM OF SAUDI ARABIA the provisions of Article (25.2) of the Law, the arbitral tribunal shall inform the arbitrating parties with such procedures, at least ten days prior to applying them. Article 9: 1. The applicant for arbitration shall include the following particulars in the application; as stipulated in Article (26) of the Law: A) Applicant's name, the name of his representative (if any), their respective occupations, nationality, domicile, address and means of communication. B) Name of the other arbitrating party. C) Brief statement of the contractual relationship, the arbitration agreement, dispute subject matter and facts, as well as the circumstances that led to the submission of the request for arbitration. D) Brief containing the applicant's requests for arbitration. E) Proposal to appoint the arbitrator in the event that the arbitral tribunal is not named and consists of one arbitrator, or a notification with the appointment of the arbitrator chosen by the applicant if the arbitral tribunal consists of three or more persons. 2. Any dispute concerning the adequacy of the data contained in the application for arbitration shall not preclude the formation of the arbitral tribunal. Article 10: If the arbitral tribunal is composed of a single arbitrator and the arbitrating parties have not agreed to his selection, the competent court shall select the arbitrator, at the request of the parties concerned to expedite the matter, decide to expedite it within fifteen days from the date of submitting the application to the competent court. Article 11: In case of multiple arbitrating parties, the proceedings shall commence from the day on which the last party receives the request for arbitration. Article 12: 1. In its decision on the appointment of an expert, the arbitral tribunal shall indicate his task, the urgent measures he is authorized to take, the deadline for submitting his, his approximate fees, the advance amount assigned on account for the expert's expenses, if applicable, the party in charge of depositing that sum, and the date specified for that purpose. 2. In case of failure of the party entrusted with depositing the determined advance amount and the other party failed to do as well, the expert shall not be obliged to perform his task and the arbitral tribunal may proceed with the proceedings. The concerned party shall not insist on the decision to appoint an expert if the tribunal decided that his failure to undertake the deposit was not justified. 3. The arbitral tribunal may replace the expert or take such measures as it deems appropriate upon the expert's failure to submit his report within the specified time without an acceptable excuse. Article 13: The arbitral tribunal may accept the intervention or access of another party other than the arbitrating parties, subject to the consent of the arbitrating parties and the intervening party. +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه @ SaudiMCI www.mci.gov.sa 4 [Non-Text] وزاره التجاره Ministry of Commerce VISION à Jô 2-30 المركبه العربيه السعوديه KINGDOM OF SAUDI ARABIA Article 14: 1. The Head of the Arbitral Tribunal shall pronounce the judgment after closing the adjudication. 2. The arbitral tribunal may open the pleadings after closure and before the judgment is pronounced, by a decision to be communicated to the arbitrating parties. Article 15: The arbitration agreement shall not terminate by a decision of the arbitral tribunal to terminate the arbitral proceedings, unless otherwise is agreed upon by its parties. Article 16: The award of the additional arbitration award shall be subject to the provisions of the Law in terms of arbitration, except for the duration required to issue the additional award. Article 17: 1. The appeal against the judgment of nullification of the arbitration award, mentioned in Article (51.2) of the Law, shall be before the Supreme Court. 2. The competent authority referred to in paragraph (3) of Article (55) of the Law shall be the Supreme Court. Article 18: 1. Nullification claim shall not be accepted in case the claimant waives his right to file such a claim the arbitration award is issued. 2. Nullification claimant shall enclose the following with his claim: A) The original or certified copy of the award. B) Replica of the arbitration agreement. C) Translation of the arbitral award into Arabic, certified by an accredited body, if it is issued in another language. Article 19: These Regulations shall be published in the Official Gazette and shall be in force from the date of their publication. +966 11 294 4444 | Riyadh 11162 YouTube | SaudiMCI Kingdom of Saudi Arabia | المملكه العربيه السعوديه www.mci.gov.sa 5