SCCA Holds a Panel Discussion About Arbitration Cases

Published Date: 18/05/2016

In preparation for the SCCA to launch its awareness program that aims to advance institutional arbitration in the Kingdom of Saudi Arabia, SCCA has held a panel discussion involving actual arbitration-related cases studies in Saudi Arabia. The discussion was attended by lawyers, arbitrators and consultants from the SCCA’s strategic partner the International Centre for Dispute Resolution (ICDR)—the international arm of the American Arbitration Association (AAA).

The discussion was conducted by SCCA Chairman Mr. Fahad AlQassim. Mr. AlQassim emphasized the importance of these kinds of discussions to the development of institutional commercial arbitration in the Kingdom, especially when it involves actual cases. He also pointed out the significant role that courts in Saudi play in supporting arbitration and ensuring the functioning of its procedures in order to achieve justice for the parties.

Chief Executive Officer of the SCCA Mr. Majid AlRashid gave a presentation about the Center and the role ascribed to it in the foundation of institutional arbitration in the Kingdom. Mr. AlRashid also revealed the completed projects that the SCCA had been working on. The most important project was crafting the SCCA Arbitration Rules which are based on the internationally recognized UNCITRAL Arbitration Rules with modifications reflecting the SCCA’s review of international experiences such as the International Chamber of Commerce (ICC), ICDR-AAA and the regional arbitration centers. Modifications were adopted after ensuring their suitability to the Saudi and international market. Mr. AlRashid also noted the completion of the SCCA professional Staff training includingmanagement- and case counsels a  an intensive two-month training program at the headquarters of the ICDR in New York.

The first discussion at the October 3rd Arbitration Forum addressed the importance of the judicial interpretation of the arbitration clauses and issues related to them. This discussion was conducted by Mr. Hassan AlSaif where he pointed out the importance of having a well-drafted arbitration clause in the contracts. The second discussion was presented by Mr. Abdul Aziz AlSulaim concerning “appointing an arbitrator by judicial rulings” which reviewed a number of rulings related to the appointment of arbitrators and how to raise the request for appointing an arbitrator to the competent court.

After beneficial discussions, the attendanees emphasized the vital role that institutional arbitration plays in expediting the arbitration procedures for instance, appointing an arbitrator for ad hoc arbitration through the competent court takes an enormous amount of time whereas appointing an arbitrator through an arbitration center usually goes swiftly.

The attendanees pointed out in their conclusionsthat they expect the SCCA to play a  dynamic role 

in expediting and developing all aspects of institutional arbitration in the Kingdom.