Article 31
A copy of any briefs, documents or papers submitted by either party to the arbitration tribunal shall be sent to the other party. Likewise, a copy of any expert reports, documents and any other evidence submitted to the tribunal to rely on in issuing its award shall be sent to both parties.
Article 32
Either arbitration party may amend or complete his demands or defense during the arbitration proceedings, unless the arbitration tribunal decides not to accept the same to avoid delaying adjudication of the dispute.
Article 33
1. The arbitration tribunal shall hold hearings to enable each of the two parties to present his case and submit his arguments and evidence. It may, unless the two parties to arbitration agree otherwise, deem the submission of the written briefs and documents sufficient for adjudicating the dispute.
2. The two parties to arbitration shall be given sufficient advance notice at their addresses with the arbitration tribunal of any hearing, date of award pronouncement and any meeting of the arbitration tribunal for the purpose of inspection of the subject-matter of the dispute or any other property or the examination of documents.
3. The arbitration tribunal shall record the summary of each hearing in minutes signed by witnesses, experts, attending parties or their agents, and members of the arbitration tribunal. A copy thereof shall be delivered to each party, unless the two parties to arbitration agree otherwise.
Article 34
1. If the plaintiff, without acceptable justification, fails to submit a written statement of his claim in accordance with Article 30 (Paragraph 1) of this Law, the arbitration tribunal shall terminate the arbitration proceedings, unless otherwise agreed by the two arbitrating parties.
2. If the defendant fails to submit a written statement of his defense in accordance with Article 30 (Paragraph 2) of this Law, the arbitration tribunal shall continue the arbitration proceedings, unless otherwise agreed by the two arbitrating parties.
Article 35
If either party fails to appear at a hearing after notification or to submit required documents, the arbitration tribunal may continue the arbitration proceedings and issue an award in the dispute, based on available evidence.
Article 36
1. The arbitration tribunal may appoint one or more experts to submit a written or oral report on certain issues determined by the tribunal, and this shall be recorded in the minutes of the hearing. The arbitration tribunal shall notify both parties thereof, unless they agree otherwise;
2. Each party shall provide the expert with information relating to the dispute and enable him to examine and inspect any documents, goods or other property relating to the dispute which he requires. The arbitration tribunal shall decide any dispute that may arise between the expert and either party in this respect pursuant to a non-appealable decision.
3. Upon receiving the expert’s report, the arbitration tribunal shall provide each of the two parties with a copy of such report and allow each party to give opinion thereon. Both parties shall have the right to review and examine documents upon which the expert relied. The expert shall submit his final report after reviewing the two parties' comments thereon.
4. Upon submission of the expert's report, the arbitration tribunal may, at its own discretion or upon request of either party, decide to hold a hearing with the expert and allow both parties to discuss the report with him.
Article 37
If, in the course of the arbitration proceedings, a matter outside the jurisdiction of the arbitration tribunal arises, or if a document submitted to it is challenged for forgery or criminal proceedings were initiated for its forgery or for any other criminal act, the arbitration tribunal may continue reviewing the subject of the dispute if it deems deciding such matter, on the forgery of the document or on the other criminal act is not necessary for deciding on the subject matter of the dispute. Otherwise, the tribunal shall stay the proceedings pending a final judgment in this regard, and such decision entails the suspension of the deadline determined for rendering the arbitration award.
Proceedings for Deciding Arbitration Cases
Article 38
1. Subject to provisions of Sharia and public policy in the Kingdom, the arbitration tribunal shall, when deciding a dispute, consider the following:
a. Apply to the subject matter of the dispute rules agreed upon by the arbitration parties. If they agree on applying the law of a given country, then the substantive rules of that country shall apply, excluding rules relating to conflict of laws, unless agreed otherwise.
b. If the arbitration parties fail to agree on the statutory rules applicable to the subject matter of the dispute, the arbitration tribunal shall apply the substantive rules of the law it deems most connected to the subject matter of the dispute.
c. When deciding the dispute, the arbitration tribunal shall take into account the terms of the contract subject of the dispute, prevailing customs and practices applicable to the transaction as well as previous dealings between the two parties.
2. If the two parties to arbitration expressly agree to authorize the arbitration tribunal to settle the dispute amicably, it may rule on the dispute in accordance with the rules of equity and justice.
Article 39
1. If the arbitration tribunal is composed of more than one arbitrator, its decision shall be made by majority vote of its members. Deliberation shall be in camera.
2. If members of the arbitration tribunal fail to reach an agreement and a majority decision is not attainable, the arbitration tribunal may appoint a casting arbitrator within fifteen days. Otherwise, the competent court shall appoint a casting arbitrator.
3. Decisions regarding procedural matters may be issued by the presiding arbitrator, if so authorized by both parties in writing or by all members of the arbitration tribunal, unless otherwise agreed by both parties.
4. If the arbitration tribunal is authorized to settle the dispute amicably, its award shall be made unanimously.
5. The arbitration tribunal may issue provisional or partial awards, prior to making the final award ending the entire dispute, unless the parties agree otherwise.
Article 40
1. The arbitration tribunal shall render the final award ending the entire dispute within the period agreed upon by both parties. In the absence of agreement, the award shall be issued within twelve months from the date of commencement of arbitration proceedings.
2. In all cases, the arbitration tribunal may extend the arbitration period provided that such extension does not exceed six months, unless the parties agree on a longer period.
3. If the arbitration award is not issued within the period provided for in the preceding paragraph, either party may request the competent court to issue an order specifying an additional period or terminating the arbitration proceedings. In such event, either party may file a case with the competent court.
4. If an arbitrator is appointed in place of another in accordance with the provisions of this Law, the period set for the award shall be extended by thirty days.
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A copy of any briefs, documents or papers submitted by either party to the arbitration tribunal shall be sent to the other party. Likewise, a copy of any expert reports, documents and any other evidence submitted to the tribunal to rely on in issuing its award shall be sent to both parties.
Article 32
Either arbitration party may amend or complete his demands or defense during the arbitration proceedings, unless the arbitration tribunal decides not to accept the same to avoid delaying adjudication of the dispute.
Article 33
1. The arbitration tribunal shall hold hearings to enable each of the two parties to present his case and submit his arguments and evidence. It may, unless the two parties to arbitration agree otherwise, deem the submission of the written briefs and documents sufficient for adjudicating the dispute.
2. The two parties to arbitration shall be given sufficient advance notice at their addresses with the arbitration tribunal of any hearing, date of award pronouncement and any meeting of the arbitration tribunal for the purpose of inspection of the subject-matter of the dispute or any other property or the examination of documents.
3. The arbitration tribunal shall record the summary of each hearing in minutes signed by witnesses, experts, attending parties or their agents, and members of the arbitration tribunal. A copy thereof shall be delivered to each party, unless the two parties to arbitration agree otherwise.
Article 34
1. If the plaintiff, without acceptable justification, fails to submit a written statement of his claim in accordance with Article 30 (Paragraph 1) of this Law, the arbitration tribunal shall terminate the arbitration proceedings, unless otherwise agreed by the two arbitrating parties.
2. If the defendant fails to submit a written statement of his defense in accordance with Article 30 (Paragraph 2) of this Law, the arbitration tribunal shall continue the arbitration proceedings, unless otherwise agreed by the two arbitrating parties.
Article 35
If either party fails to appear at a hearing after notification or to submit required documents, the arbitration tribunal may continue the arbitration proceedings and issue an award in the dispute, based on available evidence.
Article 36
1. The arbitration tribunal may appoint one or more experts to submit a written or oral report on certain issues determined by the tribunal, and this shall be recorded in the minutes of the hearing. The arbitration tribunal shall notify both parties thereof, unless they agree otherwise;
2. Each party shall provide the expert with information relating to the dispute and enable him to examine and inspect any documents, goods or other property relating to the dispute which he requires. The arbitration tribunal shall decide any dispute that may arise between the expert and either party in this respect pursuant to a non-appealable decision.
3. Upon receiving the expert’s report, the arbitration tribunal shall provide each of the two parties with a copy of such report and allow each party to give opinion thereon. Both parties shall have the right to review and examine documents upon which the expert relied. The expert shall submit his final report after reviewing the two parties' comments thereon.
4. Upon submission of the expert's report, the arbitration tribunal may, at its own discretion or upon request of either party, decide to hold a hearing with the expert and allow both parties to discuss the report with him.
Article 37
If, in the course of the arbitration proceedings, a matter outside the jurisdiction of the arbitration tribunal arises, or if a document submitted to it is challenged for forgery or criminal proceedings were initiated for its forgery or for any other criminal act, the arbitration tribunal may continue reviewing the subject of the dispute if it deems deciding such matter, on the forgery of the document or on the other criminal act is not necessary for deciding on the subject matter of the dispute. Otherwise, the tribunal shall stay the proceedings pending a final judgment in this regard, and such decision entails the suspension of the deadline determined for rendering the arbitration award.
Proceedings for Deciding Arbitration Cases
Article 38
1. Subject to provisions of Sharia and public policy in the Kingdom, the arbitration tribunal shall, when deciding a dispute, consider the following:
a. Apply to the subject matter of the dispute rules agreed upon by the arbitration parties. If they agree on applying the law of a given country, then the substantive rules of that country shall apply, excluding rules relating to conflict of laws, unless agreed otherwise.
b. If the arbitration parties fail to agree on the statutory rules applicable to the subject matter of the dispute, the arbitration tribunal shall apply the substantive rules of the law it deems most connected to the subject matter of the dispute.
c. When deciding the dispute, the arbitration tribunal shall take into account the terms of the contract subject of the dispute, prevailing customs and practices applicable to the transaction as well as previous dealings between the two parties.
2. If the two parties to arbitration expressly agree to authorize the arbitration tribunal to settle the dispute amicably, it may rule on the dispute in accordance with the rules of equity and justice.
Article 39
1. If the arbitration tribunal is composed of more than one arbitrator, its decision shall be made by majority vote of its members. Deliberation shall be in camera.
2. If members of the arbitration tribunal fail to reach an agreement and a majority decision is not attainable, the arbitration tribunal may appoint a casting arbitrator within fifteen days. Otherwise, the competent court shall appoint a casting arbitrator.
3. Decisions regarding procedural matters may be issued by the presiding arbitrator, if so authorized by both parties in writing or by all members of the arbitration tribunal, unless otherwise agreed by both parties.
4. If the arbitration tribunal is authorized to settle the dispute amicably, its award shall be made unanimously.
5. The arbitration tribunal may issue provisional or partial awards, prior to making the final award ending the entire dispute, unless the parties agree otherwise.
Article 40
1. The arbitration tribunal shall render the final award ending the entire dispute within the period agreed upon by both parties. In the absence of agreement, the award shall be issued within twelve months from the date of commencement of arbitration proceedings.
2. In all cases, the arbitration tribunal may extend the arbitration period provided that such extension does not exceed six months, unless the parties agree on a longer period.
3. If the arbitration award is not issued within the period provided for in the preceding paragraph, either party may request the competent court to issue an order specifying an additional period or terminating the arbitration proceedings. In such event, either party may file a case with the competent court.
4. If an arbitrator is appointed in place of another in accordance with the provisions of this Law, the period set for the award shall be extended by thirty days.
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