Largest MENA Region International Arbitration Conference: SCCA19 calls for consolidating the foundations of arbitration and diversifying its practices
Published Date: 21/10/2019
SCCA19 held under the title "Evolution of Arbitration in the Middle East and North Africa: Reality and Ambition” (October 14-15) brought together local and world famous Arbitration experts in Riyadh.
Sessions and events associated with a high-level international and local conference was attended by HE Sheikh Dr. Walid bin Mohammed Al-Samaani, Minister of Justice and President of the Supreme Judicial Council, and Mr. Mohammed bin Abdullah Al-Jadaan, Minister of Finance, 37 speakers and over 1000 participants.
The SCCA19 was organized by the Saudi Center for Commercial Arbitration (SCCA) in partnership with International Centre for Dispute Resolution, the international branch of the American Arbitration Association (ICDR-AAA), in order to raise the international profile of commercial arbitration in the Kingdom of Saudi Arabia. SCCA highlighted the important role of institutional arbitration in economic transformation and the promotion of an attractive investment environment, as SCCA is the national standard-setter of institutional ADR in Saudi Arabia and a central player in this sector at the regional level.
SCCA19 concluded by the participants affirming the need to be vigilant and upgrade institutional arbitration in terms of quality of procedures and outputs, enhance the institutions working in this sector, support the diversity of arbitration practices and increase the prospects for participation of various groups in the development of arbitration, including diversity in all its forms.
The Conference called for responding to requirements of some business sectors by leveraging the procedural flexibility of arbitration, including the adoption of rules consistent with the Islamic financial industry sectors and some focus on disputes of intellectual property rights and the use of technology.
SCCA19 also stressed the need to enhance the use of arbitration by developing its regulatory and administrative environment, enhancing cooperation between regional and international institutions. This cooperation would promote the improvement of institutional arbitration while integrating the best modern technology to develop arbitration services that support the effectiveness of procedures and reduce costs.
Recommendations also underscored the need to respect requirements of justice between the parties to a dispute and to balance between ensuring that the arbitration procedures are not exploited and the need for speed and flexibility. Participants and speakers expressed their desire to see further development of the capabilities of arbitration professionals (arbitrators, counsels, experts and relevant parties) to ensure the requisite expertise and use of the latest best practices that will enhance arbitration for all.
In his closing remarks, Mr. Yassin bin Khalid Khayat, Chairman of SCCA, said, “Saudi Arabia's support for all forms of ADR is focused, at local level, on creating the legislative structure of this sector in the Kingdom and, at the international level, on active participation in the meetings and discussions of the UN Commercial Law Commission (UNCITRAL) and signing of the United Nations Convention on International Settlement Agreements Resulting from Mediation last August along with 46 countries.”
“Due to its determination to consolidate the foundations of commercial arbitration, Saudi Arabia has become not only an arbitration friendly and ready environment, but a supportive and attractive environment for arbitration. It further supports the objectives of Saudi Arabia’s comprehensive development program launched under the leadership of the Custodian of the Two Holy Mosques, King Salman bin Abdulaziz and the HRH Crown Prince, Mohammed bin Salman bin Abdulaziz,” Khayat added.
Dr. Hamed bin Hassan Merah, CEO of SCCA, said "Saudi Arabia showed, in a few years, great success in the development of its commercial arbitration sector. After 3 years of operation, SCCA has received third party evaluations from several leading international law firms and international specialized publications. The confidence of the business sector is clear through the inclusion of SCCA's model arbitration clause by major national and international companies in their contracts.”
“Since the SCCA launched its second round of products and services last year, SCCA has been in consultation with user groups and neutrals to ensure its services are responsive to user needs. To maximize these efforts, the SCCA has established an international advisory committee consisting of thirteen leading international commercial arbitrators from around the world to provide technical support and advice for updating and enhancing SCCA's rules development, review of the existing products and services and the development of new ones,” Merah added.