Article 21:
a. The arbitral tribunal is entitled to rule on pleas related to its own jurisdiction including those related to the non- existence of an arbitration agreement, the expiry or nullity of such agreement, or that the subject of the dispute is not included in the agreement.
b. Those pleas shall be raised not later than the submission of the statement of defence referred to in Article (29/b) of this law. A party is not precluded from raising any of such pleas by the fact that he has appointed, or participated in the appointment of, an arbitrator. The plea that the arbitration agreement does not include matters raised by the other party while the dispute is being reviewed, shall be raised immediately or, else, the right of such plea shall lapse. In all cases, the arbitral tribunal may admit a late plea if it considers that the delay was due to a legitimate excuse or a justified reason.
c. The arbitral tribunal may rule on the pleas referred to in paragraph (a) of this article before ruling on the merits or may join them to the merits in order to adjudicate both (matters) togother. If it rules to dismiss the plea, such plea may not be raised except through the institution of a case for the annulment of the arbitral award adjudicating the dispute pursuant to the provisions of annulment of awards as stated in this law.
Article 22:
An arbitration clause shall be treated as an agreement independent of the other terms of the contract. The nullity, revocation or termination of the contract shall not affect the arbitral clause therein if such clause is valid by itself.
Article 23:
a. Subject to article (13) of this law, the two arbitrating parties may agree that the arbitral tribunal is empowered to order either of them, whether by its own initiative or upon request of either party, to take whatever interim or conservative measures it find necessary in respect of the subject-matter of the dispute, and it may require (either party) to provide sufficient security to cover the expenses of such measures.
b. If the party to whom the order has been addressed fails to execute it, the arbitral tribunal may, upon request of the other party, authorize the latter to take the procedures necessary for such execution including the right to apply to the competent court for issuing an order of enforcement.
The Arbitral Proceedings
Article 24:
The two arbitrating parties are free to agree on the procedures to be followed by the arbitral tribunal, including their right to subject such procedures to the rules applied at any arbitral institute or center in the Kingdom or abroad; failing such agreement, the arbitral tribunal may, subject to the provisions of this law, select the (rules of) arbitral proceedings it deems appropriate.
Article 25:
The two arbitrating parties shall be treated with equality, and each party shall be given a full and equal opportunity of presenting his case or defense.
Article 26:
Unless otherwise agreed by the parties, the arbitral proceedings commence on the date on which the composition of the arbitral tribunal is completed.
Article 27:
The two parties are free to agree on the place of arbitration in the Kingdom or abroad; failing such agreement, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case and the convenience of the parties in respect of such place. Nonetheless, the arbitral tribunal may meet at any place it considers appropriate to perform any of the arbitral procedures such as the hearing of the parties to the dispute, witnesses or of experts or for reviewing documents or the inspection of goods or property or for consultation among its members, or for any other thing.
Article 28:
a. The arbitration shall be conducted in Arabic unless otherwise agreed by the two parties or that the arbitral tribunal determines another language or languages to be used. Such agreement or determination shall apply to the language of evidence, written statements, oral hearings, as well as to any decision taken or any message sent or award rendered by the tribunal, unless the two parties’ agreement or the tribunal’s decision provides otherwise.
b. The arbitral tribunal my decide that all or part of the (written) documents used in the arbitration must be accompanied by a translation into the language or languages used in the arbitration and in case of multiplicity of such language(s), the translation may be limited to some of them.
Article 29:
a. Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall send to the respondent and to each of the arbitrators a written statement of claim containing his name and address and the name and address of the respondent, an explanation of the facts of the case, a specification of the disputed issues, his claims and any other matter required, by the arbitration agreement, to be cited in that statement.
b. Within the period of time agreed by the parties or determined by the arbitral tribunal and in reply to the statement of claim, the respondent shall send his statement of defense in writing to the claimant and to each of the arbitrators. The respondent may include in his statement any incidental claims related to the subject–matter of the dispute or invoke a right arising therefrom for the purpose of claiming a set-off, and he may do so even at a subsequent stage of the proceedings if the arbitral tribunal considers that the circumstances justify this (delay).
c. Either party may annex to his statement of claim or defence, as the case may be, copies of the documents he relies on or make a reference to all or some of documents and means of evidence he will submit, and this shall be without prejudice to the tribunal’s right to request the submission of the originals of documents on which either party relies.
Article 30:
A copy of any memoranda, documents or papers submitted by either party to the arbitral tribunal shall be sent to the other party. A copy of any experts’ reports, documents and any other (means of) evidence submitted to the tribunal shall be sent to both parties.
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a. The arbitral tribunal is entitled to rule on pleas related to its own jurisdiction including those related to the non- existence of an arbitration agreement, the expiry or nullity of such agreement, or that the subject of the dispute is not included in the agreement.
b. Those pleas shall be raised not later than the submission of the statement of defence referred to in Article (29/b) of this law. A party is not precluded from raising any of such pleas by the fact that he has appointed, or participated in the appointment of, an arbitrator. The plea that the arbitration agreement does not include matters raised by the other party while the dispute is being reviewed, shall be raised immediately or, else, the right of such plea shall lapse. In all cases, the arbitral tribunal may admit a late plea if it considers that the delay was due to a legitimate excuse or a justified reason.
c. The arbitral tribunal may rule on the pleas referred to in paragraph (a) of this article before ruling on the merits or may join them to the merits in order to adjudicate both (matters) togother. If it rules to dismiss the plea, such plea may not be raised except through the institution of a case for the annulment of the arbitral award adjudicating the dispute pursuant to the provisions of annulment of awards as stated in this law.
Article 22:
An arbitration clause shall be treated as an agreement independent of the other terms of the contract. The nullity, revocation or termination of the contract shall not affect the arbitral clause therein if such clause is valid by itself.
Article 23:
a. Subject to article (13) of this law, the two arbitrating parties may agree that the arbitral tribunal is empowered to order either of them, whether by its own initiative or upon request of either party, to take whatever interim or conservative measures it find necessary in respect of the subject-matter of the dispute, and it may require (either party) to provide sufficient security to cover the expenses of such measures.
b. If the party to whom the order has been addressed fails to execute it, the arbitral tribunal may, upon request of the other party, authorize the latter to take the procedures necessary for such execution including the right to apply to the competent court for issuing an order of enforcement.
The Arbitral Proceedings
Article 24:
The two arbitrating parties are free to agree on the procedures to be followed by the arbitral tribunal, including their right to subject such procedures to the rules applied at any arbitral institute or center in the Kingdom or abroad; failing such agreement, the arbitral tribunal may, subject to the provisions of this law, select the (rules of) arbitral proceedings it deems appropriate.
Article 25:
The two arbitrating parties shall be treated with equality, and each party shall be given a full and equal opportunity of presenting his case or defense.
Article 26:
Unless otherwise agreed by the parties, the arbitral proceedings commence on the date on which the composition of the arbitral tribunal is completed.
Article 27:
The two parties are free to agree on the place of arbitration in the Kingdom or abroad; failing such agreement, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case and the convenience of the parties in respect of such place. Nonetheless, the arbitral tribunal may meet at any place it considers appropriate to perform any of the arbitral procedures such as the hearing of the parties to the dispute, witnesses or of experts or for reviewing documents or the inspection of goods or property or for consultation among its members, or for any other thing.
Article 28:
a. The arbitration shall be conducted in Arabic unless otherwise agreed by the two parties or that the arbitral tribunal determines another language or languages to be used. Such agreement or determination shall apply to the language of evidence, written statements, oral hearings, as well as to any decision taken or any message sent or award rendered by the tribunal, unless the two parties’ agreement or the tribunal’s decision provides otherwise.
b. The arbitral tribunal my decide that all or part of the (written) documents used in the arbitration must be accompanied by a translation into the language or languages used in the arbitration and in case of multiplicity of such language(s), the translation may be limited to some of them.
Article 29:
a. Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall send to the respondent and to each of the arbitrators a written statement of claim containing his name and address and the name and address of the respondent, an explanation of the facts of the case, a specification of the disputed issues, his claims and any other matter required, by the arbitration agreement, to be cited in that statement.
b. Within the period of time agreed by the parties or determined by the arbitral tribunal and in reply to the statement of claim, the respondent shall send his statement of defense in writing to the claimant and to each of the arbitrators. The respondent may include in his statement any incidental claims related to the subject–matter of the dispute or invoke a right arising therefrom for the purpose of claiming a set-off, and he may do so even at a subsequent stage of the proceedings if the arbitral tribunal considers that the circumstances justify this (delay).
c. Either party may annex to his statement of claim or defence, as the case may be, copies of the documents he relies on or make a reference to all or some of documents and means of evidence he will submit, and this shall be without prejudice to the tribunal’s right to request the submission of the originals of documents on which either party relies.
Article 30:
A copy of any memoranda, documents or papers submitted by either party to the arbitral tribunal shall be sent to the other party. A copy of any experts’ reports, documents and any other (means of) evidence submitted to the tribunal shall be sent to both parties.
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