Forum and evidence
are chosen before the conflict

01

Court, arbitration and mediation solve different problems

02

Commercial Courts Law defines the judicial route

Before filing, subject-matter jurisdiction, defendant, service, pre-action steps, limitation, claim value, evidence, expert issues, fees and available appeal are checked. Saudi court record is in Arabic; foreign documents require proper translation and, when applicable, authentication.

03

Civil Transactions Law codifies the contractual framework

When analyzing a breach, formation, interpretation, good faith, performance, force majeure/hardship perimeter, termination, damages and special-contract rules are taken into account. For the Saudi forum, mandatory rules and public policy are checked separately, even if the contract contains a choice of foreign law.

04

Arbitration begins with a valid written agreement

Saudi Arbitration Law is based on the principles of the UNCITRAL Model Law and regulates tribunal, jurisdiction, procedure, interim measures, award and court assistance. The clause is severable from the main contract, but must bind the right persons and cover a specific dispute.

Institution

SCCA or other agreed center

Seat

Legal seat and supervisory court

Rules

Applicable version of institutional rules

Tribunal

One or three referees, qualifications and appointments

Language

Arabic, English or other agreed language

Governing law

The law of contract and separately the law of arbitration agreement

05

The clause is designed for the entire contract chain

Supply, EPC, guarantee, financing, shareholders’ agreement and side letters must have compatible dispute clauses. Otherwise, one commercial conflict breaks up between courts and different arbitrations. The scope, institution, seat, language, number of arbitrators, governing law, notices and multi-contract mechanics are indicated.

06

SCCA Rules 2023 are designed for international and local disputes

The rules provide for multi-contract and multi-party mechanisms, consolidation/joinder, early disposition, emergency relief, expedited and online procedures. Expedited Procedure Rules apply if the parties agree or the aggregate claims do not exceed SAR 4,000,000, unless the SCCA decides otherwise or the parties exclude them.

1. 01
   Request

   Parties, agreement, claims, relief and filing fee.

2. 02
   Response

   Jurisdiction, defense, counterclaims and nominations.

3. 03
   Tribunal

   Conflicts, appointments, conferences and timetables.

4. 04
   Record

   Submissions, documents, witnesses, experts and hearing.

5. 05
   Award

   Reasoned decision, costs, correction and enforcement.

07

Emergency arbitrator does not replace the asset plan

SCCA allows you to request emergency relief even before the Request for Arbitration, but the main request must be made within the time limit established by the Rules. At the same time, court measures, guarantee calls, evidence preservation and assets are analyzed. The Applicant prepares prima facie jurisdiction, urgency, harm, proportionality and security.

08

Evidence is created during the execution of the contract

Authority

CR, board/manager decision, POA and signature trail

Contract

Executed originals, amendments, hierarchy and notices

Performance

Delivery, acceptance, defects, site records and variations

Money

Invoices, certificates, bank records, tax and reconciliation

Communication

Email, platforms, messaging, metadata and proof of receipt

Experts

Quantum, delay, engineering, accounting or foreign law

09

Early case assessment separates attitude from emotions

The team builds claims and defenses matrix, chronology, limitation calendar, evidence gap list, quantum model, counterclaim exposure, interim-relief options and asset map. After this, litigation/arbitration budget, settlement range and business consequences are compared.

10

Execution planned prior to submission

For a Saudi award or foreign award, finality, valid agreement, proper notice, tribunal jurisdiction, due process, absence of conflict with prior judgment and public policy are checked. Saudi Arabia participates in the New York Convention; actual enforcement takes place according to Saudi Enforcement Law and local procedure. Assets abroad require a separate country analysis.

11

Mediation is useful when a settlement can be executed

SCCA offers institutional mediation and model escalation clauses. The settlement agreement defines the payment schedule, releases, security, confidentiality, tax, costs, default and the method of giving it an executable form. Negotiations should not lead to the omission of limitations or destruction of evidence.

12

Before signing the contract and after the first breach

1. 01

   Agree on governing law, forum, seat, institution and language.

2. 02

   Make clauses compatible in all related contracts.

3. 03

   Set up authority, notices, records and legal hold.

4. 04

   Check limitations, interim relief, counterclaims and assets.

5. 05

   Select filing or settlement by recovery economics.