01/03/2017
In
a lecture in Asharqia Chamber.
The
lawyer Hassan ibn Ibrahim Al Saif, that
the Saudi arbitration system is distinguished from other arbitration by
requiring systems to form jury subjects, such as the arbitrator having a university degree in
legal or regulatory science, and that if the jury is made up of more than one
arbitrator is of the condition in its Chairman, pointing that the system is
required in the formation of the tribunal to be an individual number or the
arbitration will be rejected.
Al
Saif in the lecture on Sunday, in the main
headquarters of Asharqia Chamber, titled "Explanation of the Saudi
arbitration system," The jury is generally a legal system that has
independent existence, and it passes through three successive stages initiated
the agreement on arbitration and then arbitration procedures while
coming third and final phase as a on the parties to the conflict, defining the
arbitration as a solution to settle conflicts between people out of court based
on an agreement concluded by the parties to the dispute between them, prior to
the occurrence or after the dispute, pointing out that the Arbitration
independent nature of private distinguish it from the contracts and the
judiciary.
Al
Saif continued saying: The regime acknowledged unequivocally in its Article
(16) on a neutral arbitrator in the dispute, not to have an interest, and
therefore he has since his appointment and throughout the arbitral proceedings
to declare in writing to the parties to arbitration any circumstances that
would raise doubts is justified about
the impartiality and independence.
Regarding
the procedures Al Saif said that if there was no agreement between the parties
to the arbitration on recuse the request will be sent to the jury indicating
the reasons for disqualification proceedings, pointing that in the absence of
the arbitrator cancellation or if the other party does not agree to asked
to respond, within five days from the date of the statement, for the tribunal
to decide on the application within fifteen days from the date of receipt,
stressing that the system made it possible for students to respond in case of
rejection of his application progress him to the competent court within thirty
days and its judgment shall be unchallengeable
by any method of appealing, pointing that it does not include the arbitral to refuse a request to
respond to stop the arbitration proceedings while the consequent application to
respond before the arbitral tribunal to stop the arbitration proceedings.
In
the context of talking about hermetic isolation, the sword, said the article
(18) of the rules on the subject of insulation more clearly, that it is permissible
to the competent court decision is subject to appeal the arbitrator isolated at
the request of any party to the dispute and that the arbitrator was not certain
of the competent court it
does not isolate the only parties to the arbitration agreement, pointing that
the insulation can not be the arbitrator in cases the performance of its
mission or not he carries out or lost them, leading to undue delay in the
arbitration proceedings.
He
said that it is known as the arbitrator fees which are made according to the
system through a separate contract which describes the fees, saying that a copy of the contract with the authority by the
Regulations of the system, noting that in the event there is no agreement
between the parties to the arbitration and the arbitrators to determine the
fees of the arbitrators competent to adjudicate in this decision is subject to
appeal to the court.
Al
Saif concluded by talking about the place of arbitration and language, pointing
that the parties of the arbitration agreement in the Kingdom or abroad, and if
there is no agreement appointed the tribunal place of arbitration with more
attention to advocacy and convenient place conditions for both, the system of
arbitration in the Arab language, in its 29th item, that arbitration
should be in Arabic unless otherwise decided by the arbitral tribunal or a
party to agree on the language of the arbitration or other languages, and the
arbitral tribunal has the right to ask the parties to any given document translation.