On 5 February 2024, the Dubai Court of Cassation (“DCC”) issued a judgment in Commercial Case No. 821/2023 (“DCC Judgment”). It upheld an earlier judgment of the Dubai Court of Appeal (“CoA”) which set aside an arbitration award issued under the ICC Rules of Arbitration  2021 (“ICC Rules 2021”) in part concerning the recovery of…

In February 2024, a new arbitration centre was inaugurated in Abu Dhabi.  The Abu Dhabi International Arbitration Centre, known as arbitrateAD (“Centre”) launched as an independent and neutral forum for dispute resolution.  Aligning with established domestic, regional, and global best practices, the Centre aims to position Abu Dhabi as a pivotal hub for international arbitration….

In the beginning of 2023, a diplomat told the Economist that the Middle East was tired of conflict and that de-escalation and diplomacy would be the orders of the day. While this did not hold true on the political side, it did hold true for the arbitration world. The MENA region witnessed the coming together…

The Kingdom of Saudi Arabia (“KSA”) has recently embarked on substantial public investment, both domestically and abroad. Major investments made by the Public Investment Fund, and giga-projects such as Neom, Red Sea Global and Diriyah Gate, clearly demonstrate the KSA’s intention to revolutionise its economy. However, often, with big investment comes the potential for big…

The Saudi Center for Commercial Arbitration (“SCCA”) has recently revamped its rules, aiming to solidify its position as a global leader in arbitration. The latest amendments, which have been elaborated in a previous post here, showcase a commitment to efficiency, flexibility, and party engagement, appearing to set a new standard for commercial dispute resolution and…

This post will discuss the scope of arbitration agreements and arbitrability issues under the arbitration law of the Kingdom of Saudi Arabia (“KSA”), as interpreted by the Saudi Judiciary. Some of the principles that have been established by the Saudi judiciary in this regard include the following.   Arbitration agreements bind the successors Arbitration agreements…

Expert witness evidence plays a pivotal role in the outcome of arbitrations, particularly in construction disputes. Rarely do construction disputes turn on significant differences between the parties’ versions of the facts, which are flushed out under dramatic, Boston Legal-style cross-examination. More often, it is the skilful application of settled facts by the parties’ legal counsel…

Abu Dhabi’s latest foray, the Abu Dhabi International Arbitration Centre, came into effect on 1 February 2024. Branded and referred to as arbitrateAD, its new set of arbitration rules (“arbitrateAD Rules”) was published on 1 February 2024 and consists of a newly established Board of Directors and Court of Arbitration. In this post, we provide a…

Data-Related Disputes Nearly five billion people use social media. Last year saw the expansion of AI-based businesses, from search engines to data analytics to product development. Some of the most valuable data for AI-training sets includes photographs, names, birth dates, consumer preferences, and family histories that users have published online or otherwise made available. Companies…

Six years ago, the Kingdom of Saudi Arabia (“KSA”) introduced the Bankruptcy Law, revolutionizing the legal landscape for liquidation and restructuring. This marked a significant shift by establishing a clear framework for handling insolvent entities. Recently, the Saudi Civil Transactions Law (“CTL”), effective from December 2023, enables creditors to transfer their rights for consideration, potentially…

The first Riyadh International Disputes Week (“RIDW”) presents an excellent occasion for international, regional, and local experts and practitioners to meet and exchange their views regarding salient developments in the various areas of dispute resolution. The upcoming Saudi Center for Commercial Arbitration Third International Conference and Arbitration (“SCCA24”) on 6 March 2024, which is scheduled…

Arbitration has emerged as a preferred and valuable tool for resolving disputes. However, the associated costs and time can sometimes deter parties from pursuing this avenue. Fortunately, there are various strategies for parties to avoid lengthy proceedings, reduce costs, and regain control over the arbitral process. In this post, we have compiled a non-exhaustive list…

The imminent arrival of Riyadh International Disputes Week (“RIDW“) is a natural opportunity to reflect on the Gulf/Middle East disputes market and the factors that will impact on the success of the Saudi Center for Commercial Arbitration (“SCCA“) which will undoubtedly be at the heart of RIDW. As with all things in the Gulf/Middle East…

The inaugural Riyadh International Disputes Week (“RIDW”), commencing on 3 March 2024, is a milestone event for the Kingdom of Saudi Arabia (“KSA”) and the disputes field, uniting key players in the field to explore the alternative dispute resolution landscape in the KSA and beyond.  RIDW, the first event of its kind in the KSA,…

The development of arbitration and its associated regulatory practices in the Kingdom of Saudi Arabia (“KSA”) began with the enactment of the 2012 KSA Arbitration Law (“2012 Law”) in March 2012. Ten years later, this post discusses the progress of arbitration in the KSA and the significant strides made by the KSA which positions it…

On 1 May 2023, the Saudi Center for Commercial Arbitration (“SCCA”) introduced its latest edition of the SCCA Rules, following an extensive public consultation process and input from the SCCA Rules Advisory Committee chaired by Richard Naimar and the SCCA’s General Counsel, Christian Alberti. This post provides an overview of the modernizations and innovations reflecting…

Fatima, thank you for joining us on the Kluwer Arbitration Blog and congratulations on your recent appointment as Director of SCCA Dubai, as SCCA opens its doors to its first regional office outside the Kingdom of Saudi Arabia (“KSA”). We are grateful to have the opportunity to share your unique perspective with our readers. Your…