SCCA publishes the Internal Rules of the SCCA Court

SCCA publishes the Internal Rules of the SCCA Court

Published Date: 30/10/2023

 

In an effort to further promote transparency, the Saudi Center for Commercial Arbitration (SCCA) has published the Internal Rules of the SCCA Court that are in effect since 1 July 2023. The Internal Rules cover several aspects of the SCCA Court’s work, including its composition and the appointment of members, the powers and functions entrusted to it, and how the SCCA Court convenes and issues its decisions. 

 

The 2023 version of the SCCA Arbitration Rules, which recently came into force, provides for the creation of the SCCA Court, the establishment of which SCCA announced last year. 

 

The SCCA Court, with currently 15 international experts from 12 countries, decides key administrative matters on SCCA-administered arbitrations. The members include international arbitrators, academics, former leaders of international arbitral institutions, retired appellate judges, and partners in renowned international law firms. The President of the SCCA Court is Prof. Jan Paulsson, an international arbitrator and legal counsel. Mr. James Hosking and Dr. Ziad Al-Sudairy serve as Vice Presidents.

 

The Internal Rules provide for it to perform various functions, including the consolidation of two or more arbitrations, the adjudication of disputes over the number of arbitrators, the appointment of arbitrators, the determination of arbitrator challenges, the determination of the place of arbitration, the review of arbitral awards, the assessment of advance deposits to fund the case and, ultimately, the fixing of the fees and expenses to be paid to the SCCA and the Arbitral Tribunal. 

 

In accordance with the SCCA Arbitration Rules, the SCCA Court will act independently of the SCCA, including its Board of Directors, committees, and staff. The court members will be appointed for a term of three years (renewable once).

 

The decisions of the SCCA Court are final and binding on the parties involved in the case and the Arbitral Tribunal, unless the SCCA Arbitration Rules provide otherwise. 

 

The Internal Rules clarify that the President cannot serving as an arbitrator or counsel in SCCA-administered cases. Furthermore, the SCCA Court shall not appoint any of its members as an arbitrator o SCCA-administered cases, and Court members will perform their duties without compensation.

 

SCCA underscores that the implementation of the Internal Rules and the SCCA Court itself ensure the consistency and long-term continuity of key administrative decisions in its caseload. It also embraces diversity in terms of its members’ nationalities as well as professional, legal, and cultural backgrounds, ensuring enriched perspectives in the decision-making process.