The Arbitration Submission Agreement is utilized when parties decide to refer an existing dispute to arbitration, rather than having a pre-existing arbitration clause in their contract. This document is particularly crucial in the Saudi Arabian context, where arbitration must comply with both the Saudi Arbitration Law and Sharia principles. It's commonly used in commercial disputes where parties prefer arbitration's flexibility and confidentiality over court litigation. The agreement must include specific elements required by Saudi law, such as the explicit consent to arbitrate, detailed scope of the dispute, arbitrator appointment mechanism, and procedural rules. It's especially relevant for international businesses operating in Saudi Arabia, as it provides a framework for dispute resolution that can be recognized and enforced both domestically and internationally.
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1. Parties: Identification and details of all parties to the arbitration agreement, including full legal names, addresses, and registration details if applicable
2. Background: Description of the underlying dispute or relationship between the parties, including reference to any existing contracts or circumstances giving rise to the dispute
3. Definitions: Key terms used throughout the agreement, ensuring clarity and consistent interpretation
4. Agreement to Arbitrate: Express agreement by the parties to submit their dispute to arbitration, with specific reference to compliance with Saudi Arbitration Law
5. Scope of Arbitration: Detailed description of the matters to be submitted to arbitration, including specific claims and counterclaims
6. Arbitration Tribunal: Composition of the arbitral tribunal, method of appointment, and qualifications of arbitrators (including Sharia compliance requirements)
7. Seat and Language: Specification of the seat of arbitration within Saudi Arabia and the language(s) to be used in proceedings
8. Governing Law: Specification of Saudi law as governing law and reference to Sharia principles
9. Arbitration Rules: Rules governing the arbitration proceedings, whether institutional or ad hoc
10. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and any related documents
11. Costs: Allocation of arbitration costs and legal fees between the parties
12. Final and Binding Award: Confirmation that the arbitral award will be final and binding on the parties
1. Interim Measures: Provisions regarding the tribunal's power to grant interim measures, used when parties anticipate need for urgent relief
2. Expert Determination: Procedures for appointing and utilizing expert witnesses, included when technical expertise is likely to be required
3. Document Production: Specific procedures for document disclosure and production, useful in complex disputes with extensive documentation
4. Multiple Parties: Additional provisions for arbitrations involving more than two parties, including joinder and consolidation
5. Appeals Process: Any agreed procedures for challenging the award within the permitted scope under Saudi law
6. Split Clauses: Provisions allowing certain matters to be referred to courts while others to arbitration, if permitted under Saudi law
1. Schedule 1: Dispute Summary: Detailed description of the dispute, including chronology of events and specific claims
2. Schedule 2: Arbitrator Requirements: Specific qualifications and requirements for arbitrators, including Sharia expertise if required
3. Schedule 3: Procedural Timetable: Proposed timeline for the arbitration proceedings, including key milestones and deadlines
4. Schedule 4: Document List: List of relevant documents and evidence to be considered in the arbitration
5. Appendix A: Power of Attorney: If applicable, powers of attorney for representatives of the parties
6. Appendix B: Related Agreements: Copies of relevant contracts or agreements related to the dispute
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