بطلان حكم التحكيم في نظام التحكيم السعودي

Abstract EN

he judicial ruling is issued by the judges of the State whom are appointed, after the verification of certain conditions on both personal and scientific sides.

Despite their scientific and practical qualification, the judgments of the State's jurisdiction shall be subject to appeal according to the judicial system of each country, unlike the arbitration awards.

It should be noted that most of the Arab arbitration laws do not stipulate conditions in the arbitrator related to the scientific field , where the illiterate person in some countries can be arbitrator, The arbitration Law in Saudi did not require that the arbitrator to obtain a degree in Law or in Sharia Law, except in the individual arbitrator.

In the event that the arbitral tribunal is composed of more than one arbitrator, it shall be satisfied the requirement of the degree condition in the President of the arbitral tribunal.

Since the arbitration Law in Saudi has not been allowed the appeal of judgment, except for the claim of invalidity; and in this situation it might there is a chance of fear of lack of legal expertise of the arbitrator, there may be an excess of the arbitrator or breach of the basics of the litigation.

Therefore, the Saudi arbitration Law did not leave the arbitral award without a control via the judicial system to guarantee the right to the affected party of the arbitral award to submit a claim of invalidity when there is an availability of one of the specific cases based on the Saudi arbitration Law.

This study discussed the provisions concerning the invalidity of the arbitral award by examining cases of invalidation of the arbitration award, and The lawsuit provisions of the nullification, and the effects of the judgment of invalidity