• Saudi arbitration is featured by requiring the arbitrator degree in the forensic or systemic science


    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.

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