الشروط النظامية لإعداد حكم التحكيم وفقاً لنظام التحكيم السعودي

الملخص EN

This research studies and analyzes: “The Statutory terms for preparing the arbitration Award in Saudi Arbitration Law” and reached the following results and recommendations.

The most important results are.

Somehow, the Saudi legislator failed in wording Article (24/1) of Arbitration Law 1433H reading: “The arbitration award shall be issued with justifications and be signed by arbitrators....” noting that there is a syntax issue in this article.

The text should read: “to be signed by the arbitrator” rather “to be signed by the arbitrators”.

The Saudi regulator made the award justification an absolute requirement without exception.

The main recommendations are: Article (24/1) of Saudi Arbitration Law should be rephrased to read: “The award shall be issued in writing with justifications and shall be signed by the arbitrator...”Article (24/1) of Saudi Arbitration Law shall be amended to exempt two cases to issue the award without justification.

The first is: if the arbitration parties agreed that no justification is required.

The second is: if the prevailing law of procedures doesn’t stipulate award justification.