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ADR (Alternative Dispute Resolution) Mediation and Arbitration, also known as "Sulh" and "Tahkim," respectively, are well-established forms of managing and settling conflicts in Saudi Arabia. Both methods offer an alternative to traditional court proceedings and have been modernized and adapted to be in line with international standards. These private dispute resolution methodologies are becoming increasingly recognized and utilized for their efficiency, confidentiality, and flexibility in Jeddah's corporate and commercial sector.
You may require a lawyer for several reasons within the ADR context. If you are engaging in a business or commercial contract, a lawyer can help you structure dispute resolution clauses. Lawyers also play a critical role in representing parties in an arbitration proceeding, presenting evidence, and advocating for the case. In mediation, a lawyer can provide guidance about the strengths and weaknesses of the party's case and suggest solutions for resolution. Should a dispute arise, an experienced ADR lawyer can help navigate the complexities of the process, ensure that your interests are adequately represented, and strive for a favorable outcome.
Saudi Arabia's legal framework for ADR, including Mediation and Arbitration, is defined in different laws and regulations. The Mediation Law, introduced in 2018, encourages mediation for resolution of disputes and empowers the qualified mediator with surety and authority. The Arbitration Law of 2012 is based on the UNCITRAL Model Law (United Nations Commission on International Trade Law) and recognizes the validity of international arbitration. The implementing regulations of both laws detail the procedure of Mediation and Arbitration, and helping to ensure that the process follows specific standards and guidelines. These laws, along with the Enforcement Law, frame Saudi Arabia's ADR landscape.
Any individual who is competent and enjoys full capacity may serve as a mediator or arbitrator. They should be transparent, independent, and impartial. Moreover, they should be free from any criminal punishments or convictions related to honor or trust.
The decision from mediation is not binding unless it is recorded in a settlement agreement and approved by a judge, and then it has the same effect as a court judgment. The decision from Arbitration is binding and can only be set aside under specific instances provided in Saudi Arabian law.
Yes, parties in an arbitration can choose the law applicable to the substance of the dispute, including foreign law. If the parties do not agree on the law, the arbitrators can select the law.
While arbitration awards do not typically have the option for appeal, they may be set aside under specific circumstances provided for in the Saudi Arbitration Law. Mediation decisions, once stamped as a settlement agreement, can only be appealed when there is a serious procedural defect.
There is no standard timescale for an arbitration procedure. The duration can vary based on the complexity of the issue, the method of arbitration agreed upon, and the process of the arbitration institution involved.
You may refer to bodies like The Saudi Center for Commercial Arbitration (SCCA) or the recently established Centre for Mediation in Jeddah. These organizations provide resources, organize training, and conduct workshops to enhance expertise and knowledge of ADR methodologies.
If you require legal assistance in ADR Mediation & Arbitration, it's advisable to consult with legal professionals experienced in this field. They can help you understand your legal position, discuss options, develop a strategy, as well navigate the mediation or arbitration process in accordance with the local laws of Jeddah, Saudi Arabia.
