The SCCA Arbitration Rules (the “Rules”) are based on the UNCITRAL Arbitration Rules and provide parties with a fair, speedy, and cost-effective dispute resolution mechanism for civil and commercial disputes of all sizes and industries.
First adopted on May 1, 2016, and revised on May 1, 2023, the Rules continue to embrace best international practices and encourage the use of the latest technology to minimize the environmental impact and optimize efficiency.
Emphasis has been given to a transparent and trustworthy process with robust governance for even the most complex disputes while upholding the fundamental principle of due process.
Parties also gain access to first-class case administration services and a fully independent SCCA Court composed of luminaries from around the world that decides key administrative aspects of the case.
Parties who want to resolve their disputes through SCCA must agree to SCCA-administered dispute resolution in accordance with the SCCA arbitration or mediation rules. This provides a legal basis for referring the dispute to SCCA and to establish its jurisdiction to administer the proceedings.
"Any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination, or invalidity thereof, shall be settled by arbitration administered by the Saudi Center for Commercial Arbitration (the “SCCA”) in accordance with the SCCA Arbitration Rules."
Parties can tailor the SCCA standard clauses to their specific needs by including additional elements such as the number of arbitrators, selection method, place of arbitration, and language of arbitration.
If parties wish to exclude the application of the Expedited Procedure Rules, Online Dispute Resolution Procedure Rules, or Emergency Arbitrator Procedure Rules, they must opt out by explicitly adding a provision to the following effect:
“The [Expedited Procedure Rules / Online Dispute Resolution Procedure Rules / Emergency Arbitrator Procedure Rules] shall not apply.”
According to Article 36(3) of the Rules, the SCCA can publish any award, order, decision, or other ruling in an anonymized or redacted form unless a party objects before the arbitration concludes. If parties wish to prevent publication, they must explicitly add a provision to the following effect:
“No award, order, or decision made in the arbitration shall be published.”
If parties choose a substantive law to govern the contract or the arbitration agreement but wish to subject such law to Shari’ah (especially when the place of arbitration is not Saudi Arabia), they may add a provision to the following effect:
“The law governing the [contract and/or arbitration agreement] shall be [__] to the extent that such law does not conflict with Shari’ah as outlined in the [e.g., Shari’ah Standards of the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI)], in which case Shari’ah shall take precedence.”
According to Article 37(4) of the Rules, the default law governing the arbitration agreement shall be the law of the place of arbitration. If parties wish to choose another law, they must explicitly add a provision to the following effect:
“The law governing the arbitration agreement shall be [__].”
“Any dispute, controversy, or claim arising out of or relating to this contract, or a breach, termination, or invalidity thereof, the parties hereto agree first to try to settle it by mediation administered by the Saudi Center for Commercial Arbitration (the “SCCA”) in accordance with the SCCA Mediation Rules. If settlement is not reached within [__] days after service of a written request for mediation, the dispute, controversy, or claim shall be settled by arbitration administered by the SCCA in accordance with the SCCA Arbitration Rules.”