INTERNATIONAL ARBITRATION IN THE KINGDOM OF SAUDI ARABIA: ADDRESSING SELECTED TOPICS
The Kingdom of Saudi Arabia (KSA), a member of the G20 countries, has been undergoing major transformations over recent decades, including broad legal reforms impacting foreign investments and the conduct of business in the country.
Large industrial, infrastructure and real estate projects are being contemplated, programmed and implemented, for which foreign know-how and investments are naturally welcomed. Contracts are concluded with foreign enterprises, which of course need to address, preferably in advance, the difficult question of how to resolve potential cross-border business disputes.
There is a broad consensus within the international business community to the effect that commercial arbitration is clearly among the most appropriate mechanisms for solving international business disputes.
In that context we propose to address in this article a few selected topics relevant to KSA projects and contracts.
Resorting to arbitration
There are many highly strategic advantages associated with international arbitration proceedings.
First and foremost, arbitration is by definition a contractual compromise. Indeed, each party to a cross-border dispute would normally very much prefer that the matter be decided by its own local courts (applying local law and using the local language).