Navigating the Future of Arbitration in Saudi Arabia
- Elaqat Team
- Oct 22
- 7 min read
What the 2025 Draft Arbitration Law Means for Businesses and Counsel?
Arbitration has become an essential part of commercial life in Saudi Arabia. Over the past decade, the Kingdom has steadily strengthened its legal infrastructure to support fair, efficient, and enforceable dispute resolution mechanisms.
Now, with the Draft Arbitration Law (2025) released for public consultation, Saudi Arabia is preparing for another important step forward; one that reflects its broader ambition to align with international best practices while maintaining its distinctive legal identity rooted in Sharia and public policy principles.
This blog explores what the proposed law seeks to achieve, how it compares to the 2012 framework, and what businesses, investors, and practitioners can expect once it comes into force.
From Reform to Renewal: A Decade of Progress
When the 2012 Arbitration Law (Royal Decree M/34) came into effect, it represented a milestone. For the first time, arbitration in Saudi Arabia had a unified legal structure inspired by the UNCITRAL Model Law, adapted to the Kingdom’s context.
It provided:
Clear rules on arbitration agreements, tribunals, and awards.
Defined powers for Saudi courts to support (not dominate) arbitral proceedings.
Pathways for recognition and enforcement consistent with Sharia and public order.
That foundation helped transform the Kingdom’s arbitration environment. Institutions such as the Saudi Center for Commercial Arbitration (SCCA) and SADR were established, offering world-class case management and updated procedural rules.
The 2023 SCCA Rules introduced expedited, ODR (online dispute resolution), and emergency-arbitrator features, signaling a culture of efficiency and modernization.
The next step is legislative. The 2025 Draft Law is part of the Kingdom’s ongoing legal transformation under Vision 2030, aiming to build greater confidence, transparency, and consistency across commercial practice.
Why a New Draft Law?
The Ministry of Justice and related stakeholders initiated a consultation process in September 2025, open until 24 October 2025, to collect feedback from practitioners, investors, and arbitration users.
The purpose is not to overhaul the system entirely but to refine and modernize it, addressing procedural gaps and aligning with how arbitration actually operates globally today.
The table below summarizes the main objectives.
Objective | Description | Expected Impact |
Modernization | Update procedural and technical provisions (e.g., e-signatures, costs) | Bring Saudi arbitration practice closer to global norms |
Flexibility | Allow parties broader choice in arbitrator selection and governing law | Improve accessibility for local and international users |
Efficiency | Introduce time limits and cost accountability | Reduce delays and administrative burdens |
Consistency | Codify tribunal powers (jurisdiction, award form, suspension limits) | Strengthen enforceability and predictability |
These refinements represent a natural progressionو from establishing a system to fine-tuning it for modern commercial reality.
Understanding the Core Changes
The Draft Law introduces several notable features that enhance clarity, autonomy, and efficiency.
Below are ten key developments explained from a practitioner’s standpoint.
1. Governing Law of the Arbitration Agreement
Under Article 11, the law governing the arbitration clause will be:
The law expressly chosen by the parties; or
If not chosen, the law of the seat of arbitration.
Previously, tribunals had wider discretion, sometimes causing uncertainty. This new approach aligns with international practice and offers predictability when drafting contracts.
2. Kompetenz-Kompetenz Confirmed
The principle of kompetenz-kompetenz (Article 28) empowers the arbitral tribunal to rule on its own jurisdiction, including whether an arbitration agreement exists, is valid, or applies to the dispute.
This change minimizes procedural detours to local courts and streamlines proceedings, reinforcing the tribunal’s authority.
3. Modern Award Formalities
The Draft Law explicitly permits:
Electronic signatures;
Signatures from outside the Kingdom; and
Digital exchange of awards.
These adjustments remove purely technical obstacles that could previously delay enforcement and reflect post-pandemic realities of remote hearings and international tribunals.
4. Expanded Eligibility for Arbitrators
Under Article 20, arbitrators must simply be natural persons of full capacity and integrity. The previous requirement for a degree in Sharia or law has been eliminated.
Parties can even agree on arbitrator nationality, providing flexibility to appoint specialists such as engineers or accountants in industry-specific cases.
5. Limited Arbitrator Liability
Article 27 limits arbitrator liability to cases of fraud or serious professional error.
This provision mirrors global standards, encouraging qualified professionals to accept appointments without fear of excessive exposure.
6. Joint Liability for Costs
The draft introduces joint party responsibility for arbitral costs and allows tribunals to withhold awards until fees are paid.
While administrative, this clause encourages prompt payment and prevents one party from obstructing completion of the proceedings.
7. Suspension Period for Annulments
Annulment (set-aside) proceedings can no longer suspend arbitration indefinitely. The Draft Law caps suspension at 60 days, after which the tribunal may finalize or correct the award’s form.
This is a procedural safeguard against unnecessary delay.
8. Government Entities
Unlike the 2012 law, the Draft Law does not explicitly prohibit government bodies from entering into arbitration agreements without prime-ministerial approval.
Whether this represents a policy shift or will be clarified later remains to be seen, but its omission is notable.
9. Party Autonomy and Sharia
Party autonomy remains central, subject to Sharia principles and public policy, a continuity rather than a change.
While this framework is sometimes perceived as restrictive by foreign users, statistics show that genuine challenges on Sharia grounds are rare and usually unsuccessful, indicating practical compatibility with commercial expectations.
10. Procedural Efficiency and Safeguards
Together, the reforms create a more balanced system: flexible for the parties yet disciplined in timing and costs.
Practitioners note that the Draft Law appears designed to “promote efficient and flexible arbitrations while offering enhanced procedural safeguards.” (Market commentary summarized from public legal analyses.)
Comparing 2012 and 2025 Frameworks
Aspect | 2012 Law | 2025 Draft | Key Effect |
Law of arbitration clause | Tribunal discretion if not agreed | Law of the seat if not agreed | Clarity and predictability |
Tribunal competence | Implicit powers | Kompetenz-kompetenz explicit | Faster jurisdiction decisions |
Arbitrator qualification | Law/Sharia degree required | Removed | Broader professional pool |
Award signatures | Physical signatures expected | Electronic and remote accepted | Simplifies logistics |
Costs | Shared, but less specific | Joint liability, award may be withheld | Ensures fee payment |
Suspension | No maximum period | 60 days limit | Prevents delays |
Government entities | Needed PM approval | Not specified | May ease state contracting |
Enforcement | Sharia/public order filter | Same principle maintained | Legal consistency |
Tribunal liability | Not defined | Limited to fraud or serious error | Encourages participation |
How the SCCA 2023 Rules Fit In
Statutory updates often work best when combined with strong institutional rules.
The SCCA 2023 Arbitration Rules, administered under the Saudi Center for Arbitration & Dispute Resolution (SADR), already embody many modern features:
Feature | Description |
Expedited Procedure | Automatic for disputes below a set value (e.g., SAR 4 million); parties may opt-in for higher values. |
Online Dispute Resolution (ODR) | Fully digital filing, document exchange, and award issuance. |
Emergency Arbitrator | Enables interim relief before tribunal constitution within a defined timeline. |
Early Disposition Tools | Allow summary decisions on manifestly unmeritorious claims or defences. |
Flexible Hearings | Combines in-person and virtual appearances, consistent with Draft Law’s recognition of remote processes. |
The Draft Law and SCCA Rules complement each other: the law provides the legal backbone, while the rules deliver practical efficiency for everyday use.
What This Means for Businesses and Counsel?
A. For Saudi Companies
Predictability: Disputes will proceed on firmer procedural ground, reducing uncertainty.
Accessibility: The removal of academic-degree conditions widens arbitrator options.
Time Management: The 60-day annulment limit supports faster finality.
B. For International Investors
Alignment: The Draft Law reflects international arbitration norms (UNCITRAL, ICC, LCIA models).
Comfort: Familiar concepts such as kompetenz-kompetenz and electronic awards reduce procedural risk.
Continuity: The Sharia/public-policy framework remains stable and well-understood.
C. For Legal Practitioners
Clause Drafting: Parties should state the law of the arbitration agreement explicitly.
Cost Planning: Expect joint cost liability; allocate deposits clearly.
Institutional Choice: Selecting SCCA Rules offers access to expedited and emergency features.
Public Entities: Monitor whether new regulations confirm or modify government-approval requirements.
Practical Tips for Drafting and Dispute Management
Step | Tip | Reason |
Drafting the Clause | Choose both seat and governing law clearly. | Avoids threshold disputes under Article 11. |
Selecting Rules | Opt for SCCA 2023 Rules or another recognized set. | Ensures procedural certainty. |
Arbitrator Profile | Define qualifications and nationality (if relevant). | Leverages new flexibility. |
Budgeting | Anticipate joint liability for costs. | Prevents disruption during proceedings. |
Record Keeping | Maintain consistent notice and communication records. | Protects enforcement prospects. |
Enforcement | Review compliance with due-process and Sharia principles. | Strengthens enforceability. |
Broader Context: Arbitration and Vision 2030
Saudi Arabia’s commitment to modern dispute resolution aligns with Vision 2030’s focus on strengthening the investment climate and legal transparency.
Modern arbitration laws attract international commerce by offering:
Certainty - clear rules reduce litigation risk.
Neutrality - arbitral tribunals ensure balanced decision-making.
Efficiency - time limits and e-procedures promote commercial finality.
By refining its arbitration law, the Kingdom signals confidence in a balanced model: one that welcomes international best practice but remains grounded in its legal and cultural context.
Looking Ahead: Consultation and Implementation
The consultation period ending 24 October 2025 invites constructive feedback from practitioners and institutions. After revisions, the law will be promulgated by Royal Decree and based on standard legislative practice is expected to enter into force 30 days after publication in the Official Gazette.
During the transition, the 2012 Law (M/34) remains applicable to existing cases. Once the new statute becomes effective, practitioners anticipate implementing regulations to clarify certain administrative matters such as tribunal fee deposits and government participation.
Key Takeaways
Theme | Takeaway |
Continuity | The Draft Law builds on the 2012 foundation, not replacing but refining it. |
Alignment | Many provisions now mirror global best practices (UNCITRAL Model Law). |
Flexibility | Parties enjoy wider freedom in choosing arbitrators and governing law. |
Efficiency | Procedural timeframes and cost measures aim to accelerate resolution. |
Predictability | Clearer award formalities and jurisdictional rules enhance enforceability. |
Public Policy | Sharia and public order remain the ultimate frame of reference. |
A Balanced Perspective
It is important to approach these developments with neutrality and precision. The Draft Law does not signal a departure from Saudi Arabia’s legal principles; rather, it reflects a measured evolution, combining global accessibility with local integrity.
For businesses and counsel, this evolution means one thing: confidence. Confidence that disputes can be resolved within the Kingdom under a transparent, credible, and internationally familiar system, one that supports commerce while upholding the rule of law in a Saudi context.
Final Thoughts
As Saudi Arabia continues its legal modernization journey, arbitration stands at the center of its commercial reform agenda.
The Draft Arbitration Law (2025) is more than a procedural update, it represents the Kingdom’s intent to remain a trusted forum for domestic and international dispute resolution.
Whether you are a Saudi enterprise, a multinational investor, or counsel managing cross-border contracts, now is the ideal time to:
Review your arbitration clauses;
Understand the SCCA 2023 framework; and
Monitor the law’s progress toward enactment.
By doing so, you ensure your agreements are ready for a new era of arbitration in the Kingdom, one characterized by clarity, efficiency, and legal maturity.
Disclaimer: This blog is provided for informational purposes only and does not constitute legal advice. Readers should seek specific counsel regarding the application of Saudi law and the forthcoming arbitration framework to their individual circumstances. Elaqat Law can Help with that, you can contact us on: contact@elaqatlaw.com
References:
Draft Arbitration Law (2025) - Consultation text (Ministry of Justice, KSA)
SADR/SCCA Arbitration Rules (2023)
Market analyses by Pinsent Masons, HSF, and other professional sources (September–October 2025).
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