Saudi Arabia is a leading economy in the Middle East with complex dispute resolution requirements across construction, energy, maritime, banking, and international commercial matters. The legal system combines Sharia law, statutory frameworks, and arbitration institutions such as the Saudi Center for Commercial Arbitration (SCCA).
We provide elite drafting, research, and strategic advisory support across the full spectrum of Saudi commercial disputes, ensuring alignment with local laws, SCCA rules, and international arbitration standards.
Arbitration and Dispute Resolution
Saudi Arabia has modernized its arbitration framework through the SCCA, which provides a procedural structure for domestic and international commercial disputes. Key features include:
- Drafting notices of arbitration, statements of claim, responses, rejoinders, and procedural applications under SCCA Rules;
- Representation of clients in cross-border disputes, including ICC, LCIA, and UNCITRAL arbitrations seated in Saudi Arabia;
- Drafting enforcement applications for domestic recognition of international arbitral awards, leveraging New York Convention compliance;
- Support for investor–state disputes arising under bilateral investment treaties.
Illustrative Example:
Drafting a detailed rejoinder for a $200m SCCA arbitration involving a construction consortium on a high-rise commercial development in Riyadh, including legal analysis under the Saudi Arbitration Law (Royal Decree No. M/34 of 2012).
Construction and FIDIC Disputes
Saudi Arabia’s Vision 2030 infrastructure projects have led to widespread use of FIDIC contracts in:
- Mega construction and transport projects (highways, metros, stadiums);
- Energy sector developments, including solar, wind, and petrochemical plants;
- Residential and commercial real estate megaprojects.
We prepare:
- EOT (Extension of Time) claims, disruption claims, and delay analysis submissions;
- Termination and default claims under Red, Yellow, and Silver Book FIDIC contracts;
- DAB submissions and arbitration-ready claim packages with detailed quantum and expert reports.
Illustrative Example:
Assisting an EPC contractor in drafting a FIDIC Red Book dispute concerning prolonged delay due to variation orders in Riyadh Metro, preparing both DAB and SCCA arbitration documentation.
Maritime and Shipping Disputes
Saudi Arabia’s strategic Red Sea and Persian Gulf ports (Jeddah, Dammam, Jubail, Ras Tanura) lead to frequent disputes in:
- Charterparty performance and demurrage claims;
- Ship arrest applications and maritime lien enforcement;
- Marine insurance claims, collisions, salvage, and general average disputes;
- Drafting pleadings for cargo damage and LNG shipping disputes.
Illustrative Example:
Preparing a ship arrest package in Jeddah for unpaid charter hire, including maritime lien claims and required undertakings for Saudi court acceptance.
Banking, Finance and Insurance Disputes
Saudi Arabia’s financial sector operates under SAMA regulations and the Capital Market Law. Key disputes include:
- Enforcement of guarantees, promissory notes, and security instruments;
- Derivatives and structured finance disputes;
- Banking fraud, misrepresentation, and mis-selling claims;
- Insurance disputes under Saudi Insurance Law (Royal Decree No. M/32 of 2008).
Corporate and Commercial Litigation
Corporate disputes often arise in:
- Joint ventures and shareholder conflicts;
- Agency and distributorship disputes under the Commercial Agencies Law (Royal Decree No. M/11 of 1962);
- Breach of contract, force majeure, and frustration claims;
- Employment disputes, particularly for senior executives and expatriates.
Energy and Natural Resources Disputes
Saudi Arabia’s energy sector is highly regulated and complex. Disputes frequently involve:
- EPC and production-sharing contracts;
- Crude oil, LNG, and petrochemical SPAs;
- Termination and breach claims under long-term agreements;
- Joint operating agreements in upstream oil and gas projects.
Illustrative Example:
Drafting an arbitration memorial for a consortium under a Saudi offshore EPC contract, integrating local regulatory obligations with FIDIC contract provisions.
International Enforcement and Cross-Border Litigation
Saudi Arabia enforces foreign arbitral awards under its SCCA framework and New York Convention obligations. Support includes:
- Drafting recognition petitions for international arbitral awards;
- Cross-border asset recovery and injunction preparation;
- Fraud, misrepresentation, and breach of contract claims with enforcement strategies across jurisdictions.
Illustrative Matters
- Drafting FIDIC delay claim submissions for $300m Red Book EPC projects in Riyadh and Jeddah;
- Preparing ship arrest pleadings and maritime lien claims in Dammam for unpaid LNG shipments;
- Enforcement memoranda for ICC awards related to international joint ventures;
- Shareholder dispute pleadings for high-value commercial real estate ventures.
Important Note: Court representation and arbitration advocacy in Saudi Arabia must be conducted by licensed Saudi lawyers. Our services are strictly drafting, advisory, and research, complementing local representation to achieve world-class outcomes.