SCCA establishes the “SCCA Court” to determine technical & administrative items related to SCCA’s caseload

Published Date: 10/11/2022

Enhancing institutionalization, consistency, and international best practices

In continuation of its approach to institutionalize and enhance its existing operations and to safeguard quality services into the future, the Saudi Center for Commercial Arbitration (SCCA) announced the establishment of an independent “SCCA Court” to determine administrative matters and other technical aspects that are related to SCCA‑administered arbitrations and mediations.

The establishment of the SCCA Court follows international best practices and is in line with the approach adopted by other leading international arbitral institutions. It is also timely considering the fast-growing SCCA caseload that has now seen parties from 21 countries around the globe.

The SCCA Court is comprised of 15 highly qualified and accomplished arbitration experts with international reputations in the ADR industry from 13 different countries. The Court members include eminent international arbitrators, former leaders of preeminent arbitral institutions, retired appellate judges, partners of distinguished international law firms, and law professors from some of the most renowned universities in the world. The SCCA Court will be headed by Mr. Jan Paulsson (Consultant and Independent Arbitrator, Manama, Bahrain) who will take on the role as its inaugural President. Mr. Paulsson will be joined by 2 Vice Presidents: Dr. Ziad Bin Abdulrahman Al-Sudairy (Independent Arbitrator and Principal of The Law Office of Ziad A. Al-Sudairy, Riyadh) and Mr. James Hosking (Founding Partner of Chaffetz Lindsey, New York, USA).

The scope of the SCCA Court’s work will, among other things, include the review of emergency applications, the determination of jurisdictional objections, the administrative appointment of arbitrators, the determination of arbitrator challenges, the initial determination of the place of arbitration, the final determination on the number of arbitrator disputes, the fixing of advance deposits as well as final payouts for neutrals, and the review of awards. The SCCA Court’s authority will not interfere with any powers reserved for arbitral tribunal pursuant to the SCCA Arbitration Rules; in particular, the authority to determine the dispute rests exclusively with the arbitral tribunal.

Once the new SCCA Arbitration Rules are launched in early 2023, the SCCA Court will replace the SCCA Committee for Administrative Decisions (CAD) and take over its functions. In addition, the SCCA Court will determine additional administrative and technical areas that need determination.  

SCCA’s Chairman of the Board of Directors, Dr. Walid Abanumay commented that “SCCA has accumulated over the past years extensive experience and specialized expertise in institutional arbitration, proving its ability to grow, expand and attract more diverse cases from different parts of the world; thereby lifting SCCA to an even higher level of professionalism, governance and institutionalization on a par with the world’s best.”

Dr. Abanumay assured users and practitioners that “the SCCA Court will secure consistency and continuity by guaranteeing continuous operations at the same high-quality level while ensuring that any departures do not significantly affect the consistency of SCCA's technical work. Also, the SCCA Court will provide SCCA with several perspectives and diverse backgrounds to consider these differences, especially since the SCCA Court is comprised of various top minds with diverse backgrounds, experiences and nationalities.”

SCCA’s CEO, Dr. Hamed H. Merah, confirmed that “SCCA was keen to ensure real diversify on its SCCA Court on several levels, including geography, nationality, gender, language, and expertise. This diversity reflects the high international reputation that SCCA enjoys with industry leaders. It will enable SCCA to raise the level of its services to a degree that makes it the best global partner and the preferred ADR choice in the region.”

SCCA’s Chief of ADR and General Counsel, Christian P. Alberti, adds that “SCCA’s growing caseload and undergoing revision of its Rules brings new challenges, but that in every challenge lies an opportunity. The SCCA Court is a natural progression towards SCCA’s mission to deliver first-class case administration and an output that is trusted and respected.”

To learn more about SCCA Court members' bios, please click here.