Arbitration is an exceptional way that the parties agree to resort to in order to settle disputes instead of the regular methods of litigation, and according to the Saudi Arbitration law , the arbitration award is issued by the Arbitration Authority in accordance with this law possesses the authority of the adjudged order, and it shall be enforceable.
And that authenticity is considered to prevent the litigants from presenting the same dispute that was settled by the arbitration award before an arbitration or judicial body once again and the need to respect the arbitration award, and thus it becomes clear that the arbitration award is a final ruling that is not subject to appeal, but it remains before the litigants the right to file a lawsuit invalidating the arbitration award before the court Competent.
Implementation of the arbitration award:-
The application for the implementation of the arbitration award is submitted to the competent court in the Kingdom of Saudi Arabia, and the competent court or whoever delegates it issues an order to implement the arbitration award, and the request is submitted accompanied by the original judgment or a certified copy of it, a true copy of the arbitration agreement, and a certified translation of the arbitration award into Arabic It shall be issued by an approved authority if it was issued in another language, and evidence of the arbitration committee depositing the original judgment or a copy signed thereof in the language in which it was issued at the competent court.
Invalidation lawsuit and suspension of the arbitration award:-
After the issuance of the arbitration award, the Saudi arbitration system authorized any of the two parties to file a lawsuit for the nullity of the arbitration award within the sixty days following the date on which that party was notified of the judgment, and filing the invalidity lawsuit does not result in stopping the implementation of the arbitration award. This is in the case sheet, and the request was based on serious reasons, and the competent court must decide on the request for a stay of execution within fifteen days from the date of submitting the request, and if it orders a stay of execution, it may order the submission of a guarantee or a financial guarantee. Invalidation lawsuit within one hundred and eighty days from the date of issuance of this order.
The Purpose of the Implementation of the Arbitration Award
The competent court does not accept the application for the implementation of the arbitration award unless the deadline for filing a lawsuit for the nullity of the judgment has passed. It is not permissible to order the implementation of the arbitration award except after verifying that it has properly informed the convicted person, and it does not contradict a judgment or decision issued by a court, committee, or body with jurisdiction Deciding on the subject of the dispute in the Kingdom of Saudi Arabia, as well as verifying that it does not include anything that contradicts the provisions of Islamic Sharia and public order in the Kingdom, and if the judgment can be divided in what it contains in terms of violation, it is permissible to order the implementation of the remaining non-violating part.
Grievance against the order issued for the implementation of the arbitration award
According to the Saudi arbitration system, it is not permissible to grievance against the order issued to implement the arbitration award. As for the order denying execution, it is permissible to appeal to the Supreme Court within thirty days from the date of its issue.
To request free legal advice from a lawyer in Riyadh specializing in commercial arbitration and providing legal advice in arbitration disputes related to all types of contracts, as well as mediation in settling disputes between companies by amicable means, and mediation in resolving family business disputes .. Do not hesitate to contact us on: 0535008888
