2023 SCCA Arbitration Rules – From the International Arbitration Community Perspective
The Saudi Center for Commercial Arbitration (SCCA) published its revised SCCA Arbitration Rules on 1 May 2023. The new Rules apply to all arbitrations filed with the SCCA on or after that date.
The launch of the new Rules followed an extensive internal review and public consultation process in Saudi Arabia and abroad.
The new Rules received widespread, favorable publicity across the local and international arbitration community, including in-depth reviews in well-known ADR industry publications and from over 16 international law firms.
International Law Firms
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“The 2023 SCCA Rules represent another important milestone in the rapid evolution of the SCCA and reaffirm the commitment of the SCCA to pursuing its ambitious vision of becoming “the preferred ADR choice in the region by 2030.”“The 2023 SCCA Rules also clearly signal an intention by the SCCA to continue reviewing and updating the rules to address practical and commercial concerns identified by arbitration users and practitioners at a pace that few, if any, other arbitral institutions have matched in recent years. In doing so, the SCCA is positioning itself as a forward-thinking, innovative and modern institution.”
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“The SCCA has positioned itself as a leading arbitral institution in the Middle East, and the Rules are a reflection of its commitment to providing a world-class arbitration service. By introducing innovative features and expanding its jurisdiction, the SCCA is well-placed to attract a wider range of disputes and parties.”“By enhancing the quality and efficiency of the arbitration process, the SCCA is playing an important role in achieving this vision, and is helping to position Saudi Arabia as a key player in the global arbitration market.”
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“The 2023 Rules are a timely update given a recent increase in SCCA case registrations, arising from the unprecedented levels of foreign investment and development seen in the KSA at present.”“Our experience is that parties active in the Kingdom take an acute interest in dispute resolution clauses that include reference to SCCA arbitration.”
“The SCCA states that its goal "is to create a safe environment that attracts both foreign and domestic investment to the Kingdom…" Its recent updates are consistent with that objective, providing a modern and robust set of rules that will help to secure investor confidence and promote the KSA's international arbitration capabilities.”
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“One of the main driving factors behind the new Rules is the SCCA’s aim of becoming not only a major arbitration centre, but the preferred choice in the region by 2030. Indeed, the new Rules are intended to demonstrate that the KSA is an arbitration-friendly jurisdiction, with a centre and set of Rules that is on a par not only with other centres in the Middle East, but also those around the world.”
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“Overall, the product is an enhanced, modern set of rules that aim to allow for more efficient and sophisticated arbitral proceedings and that are likely to benefit a rapidly growing arbitration jurisdiction with ambitions of becoming a central regional hub for dispute resolution.”
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“The 2023 Rules are a significant achievement for the SCCA as it continues to position itself as a regional industry leader. The 2023 Rules are intended to bring Saudi arbitration in line with international best practice. This is another major step towards the SCCA’s vision to become “the preferred ADR choice in the region by 2030.”
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“The publication of the 2023 Rules seeks to embody best international practices and standards with some cutting-edge and innovative approaches.”“Overall, the stated purpose of the 2023 Rules is to be user-friendly and practitioner focused.”
“The announcement of the 2023 Rules follows a significant increase in case registration numbers at the SCCA in recent years.”
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“It's a really exciting time for arbitration in the region with the rise of the SCCA, having recently opened an office in the Dubai International Financial Centre to supplement its headquarters in Riyadh, and now enhanced its offering further with updated rules.”
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“The SCCA appears committed to becoming a regional (and in time international) leader in alternate dispute resolution. The Rules assist in its drive to achieve "Vision 2030". The detailed nature of the Rules, which embrace international best practice, are testament to this.”“We are confident that the Rules will greatly assist the growing reputation of the SCCA and the Kingdom.”
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“The 2023 Rules are a welcome revision to an already robust set of rules. They demonstrate that the SCCA is closely following developments in international arbitration and is willing to promptly revise them to give users confidence that the SCCA Rules have the tools to efficiently deal with any issues that arise.”
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“The revised Rules mark the latest instalment in a series of developments that seek to bring Saudi Arabia’s legal and regulatory arbitration framework in line with best practices in international arbitration.”“The 2023 Rules evidence a commitment on its part to conduct arbitral proceedings in line with global standards and to further cement its role in the region.”
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“Most importantly, the changes introduced under the New Rules will bring SSCA arbitrations in line with international best practice and will further enhance the Kingdom’s growing reputation as an arbitration friendly jurisdiction.”
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“This is a further positive extension of the work being done by the SCCA to promote itself as the Middle East's preferred center for ADR.”“This brings the SCCA Rules in line with prevailing arbitration practice and will ensure more certainty where parties opt in to the SCCA as ADR forum.”
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“The New Rules are a welcome addition as arbitration increasingly becomes the preferred forum to resolve disputes in most major industries across the Kingdom of Saudi Arabia.”“The New Rules, as intended, take into account the best practices followed by other international arbitral institutions and have clearly been designed to assure would be arbitral parties that the SCCA can offer proceedings that are efficient, streamlined and that can be tailored to specific cases.”
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“The release of the 2023 Rules is another significant development in the SCCA’s journey to becoming a leading institution in the region. It is clear they have made a concerted effort to demonstrate that they are able to administer proceedings in accordance with international best practice … in our view, these changes are another welcome development to the arbitration landscape in the Middle East.”
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“Consistent with international best practice, the new SCCA rules stipulate that the Tribunal will look to maintain efficiency and economy in the conduct of the proceedings.”
Comparing the 2023 SCCA Arbitration Rules with the Rules of the Top 5 Arbitral InstitutionsComparing the 2023 SCCA Arbitration Rules with the Rules of Arbitral Institutions located in the Middle East
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“The new SCCA rules are in line with the organization’s goal of ensuring consistent compliance with the best international arbitration standards and practices. This step forward is in line with the Kingdom of Saudi Arabia’s general goal of becoming a key player in global commerce and, specifically, in international dispute resolution.”
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“The Rules also uphold and safeguard the transparency of arbitral proceedings by introducing a requirement for the disclosure of any parties with economic interests in the outcome of the proceedings.”
Media Outlets
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“The 2023 Rules has surpassed expectations; it contains provisions that are innovative... With the latest revision, the SCCA has ensured that it is well-equipped to resolve disputes fairly and efficiently, in tandem with KSA’s Vision 2030.No doubt, the modern and revamped procedural framework introduced by the 2023 Rules will contribute to the growth of arbitration as a desired dispute resolution mechanism in KSA, and to the SCCA as a leading arbitration institution in the region and worldwide.”
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“The SCCA aspires to become the region’s go-to place for alternative dispute resolution by 2030. The new Rules are a major step in the right direction and undoubtedly bolster the Kingdom’s image as an arbitration-friendly jurisdiction.”“The new Rules represent a significant upgrade, offering more detail, guidance, and certainty in the arbitration process. Most importantly, the Rules put the SCCA on par with major international arbitration institutions, and we expect the SCCA to give some serious competition to regional players...”
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“They also cover a number of emerging practices and issues in international arbitration, including the need for consolidation, coordination of parallel arbitrations, third party funding, publication of redacted awards without party objection, and the need for cybersecurity, privacy, and data protection.”
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“An important feature of the new rules is the general promotion of the use of technology... Other new rules cover cybersecurity, privacy and data protection.”