• 1. The words and phrases used in these Procedures shall have the meanings specified next to each of them unless the context requires otherwise.

• 2. Words expressed in the singular form shall denote the same meaning in the plural form, and vice versa, if the text requires it.

  • Authority: Saudi Council of Engineers.

  • General Secretary: General Secretary of the Saudi Council of Engineers.

  • Referring Authority: Judicial authorities or commercial and industrial chambers or the parties to the contest or any other governmental, semi-governmental, or private entity; referring the disputed matter to the center.

  • Arbitration Clause: A paragraph within the main contracting document between the parties to the contest to refer all disputes arising from the contract or related to it to arbitration.

  • Arbitrator: The engineer registered with the Saudi Council of Engineers and approved in the list of arbitrators at the center.

  • Expert: The engineer registered with the Saudi Council of Engineers who meets the required conditions and has been registered in the list of experts at the center.

  • Arbitration Panel: One or more arbitrators registered in the list of arbitrators at the authority who have been selected by the contracting parties to render a judgment on the subject of the contest, and their number must be odd.

  • Technical Report: The report prepared by the expert or the committee of experts at the request of the arbitration panel.

  • Parties to the Contest: Those between whom the contest has arisen or their legal representatives, who have referred their case to the center.

  • Claimant: The one who requested arbitration from the center, whether a natural or legal person.

  • Respondent: The one against whom the claim has been filed, whether a natural or legal person.

  • Arbitration Agreement: An agreement between two or more parties to refer to the center all or some disputes that have arisen or may arise between them concerning a specific legal relationship, whether contractual or non-contractual, whether the arbitration agreement is in the form of an arbitration clause included in a contract or in the form of an independent arbitration agreement, and the designation of an arbitrator or arbitration panel from the list of arbitrators at the center.

  • Arbitration Award: A reasoned judgment issued by the arbitration panel based on the facts and findings reached in the contested case.

  • Duration of Arbitration: The agreed-upon time period to conclude the consideration of the case and issue the judgment.

  • Procedures: The arbitration procedures adopted at the center.

  • List of Arbitrators: A list of the names of the arbitrators registered at the center.

  • Center: Saudi Engineering Arbitration Center.

1/2 The arbitration agreement may precede the occurrence of the contest, whether it is independent in itself or included in a specific contract. It may also be subsequent to the occurrence of the contest, even if a lawsuit has been filed regarding it before the competent court. In this case, the agreement must specify the issues covered by the arbitration; otherwise, the agreement shall be void.

2/2 The request for arbitration must be in writing and accompanied by a summary of the case and the value of the claim.

3/2 In the event of resorting to arbitration, it is suggested that the following wording be included in the arbitration agreement.

(All disputes arising from this contract or related to it shall be definitively resolved in accordance with the rules and procedures of the Engineering Arbitration Center).

4/2 The center shall not accept any case if there is no arbitration agreement, or if this agreement is void, or subject to annulment, or has expired, or if one of the parties to the arbitration agreement at the time of its conclusion was a legally incompetent person or had diminished capacity, according to the system governing their capacity.

1/3 The validity of all agreements, contracts, and documents submitted to the center is presumed unless evidence is provided to the contrary.

2/3 If one party claims that a document submitted by the other party is forged, the consideration of the case shall be suspended until the forgery claim is resolved by the competent authorities. If the forgery is established, the document shall be removed from the case documents and shall not be relied upon or have any effect. If the forgery is not established, it shall be considered part of the case documents, and the aggrieved party must file a compensation claim with the competent authorities. The period during which the consideration of the case was suspended shall be added to the arbitration period.

• 1/4 The panel of arbitrators shall consist of one or more arbitrators, provided that the number is odd, according to the agreement of the parties.

• 2/4 The selected arbitrator must be registered on the list of arbitrators at the center.

• 3/4 Procedures for selecting the arbitrator.

  • 1-3/4 The panel shall present a list of names of those it deems experts and specialists in the subject of the dispute along with the CV of each, so that each party to the dispute may choose the arbitrator they approve from the nominated names, and both parties have the right to choose whomever they wish from the list of accredited arbitrators.

  • 2-3/4 Both parties to the dispute must sign a document containing their agreement on the selection of the arbitrator or arbitration panel.

  • 3-3/4 No arbitrator on the arbitration panel may be related to any party to the dispute up to the fourth degree, or be their agent in their private or public affairs, or have an employment or interest relationship with them, whether directly or indirectly. The nominated arbitrator must disclose this and sign the relevant form.

  • 4-3/4 The arbitration parties may agree on the selection of arbitrators; if they do not agree and the arbitration panel consists of a single arbitrator, the center shall appoint the arbitrator.

  • 5-3/4 The arbitration parties may agree on the selection of arbitrators; if they do not agree and the arbitration panel consists of three arbitrators, each party shall select one arbitrator, then the two arbitrators shall agree on the selection of the third arbitrator. If one party does not appoint an arbitrator within fifteen days following the delivery of the request by the other party, or if the two appointed arbitrators do not agree on the third arbitrator within fifteen days following the appointment of the last of them, the center shall appoint the arbitrator upon the request of the interested party, within fifteen days from the date of the request. The arbitrator appointed by the two appointed arbitrators or by the center's presidency of the arbitration panel shall be the third arbitrator. These provisions also apply if the arbitration panel consists of more than three arbitrators.

  • 6-3/4 If the two appointed arbitrators do not agree on a matter that requires their agreement, the center shall, upon the request of the interested party, undertake the procedure or the required action, unless the agreement provides otherwise for completing this procedure or action.

  • 7-3/4 The center's decision to appoint the arbitrator shall be final and not subject to any form of contestation.

• 4/4 If the arbitrator is unable to perform their duty, does not commence it, or discontinues it, and the arbitration parties do not agree on their removal, the center may remove the arbitrator upon the request of either party by a decision that is not subject to contestation.

• 5/4 Unless the arbitrator was appointed by the center, they may only be removed by agreement of the arbitration parties, and the removed arbitrator has the right to claim compensation unless the removal was due to their fault.

1/5 The Saudi Engineering Arbitration Center shall be the venue for the sessions of the Arbitration Tribunal, and the parties to the contest may designate any other location of their choice in the arbitration document without the need for the centers' approval, with both parties to the contest bearing the associated costs.

2/5 The Arabic language shall be the language of arbitration unless the arbitration document states otherwise. The Arbitration Tribunal may hear the statements of the parties, witnesses, and experts who do not speak Arabic, and a translator may be utilized if necessary. In all cases, the ruling of the Arbitration Tribunal shall be issued in Arabic, and there is no objection to issuing a translated copy in the required language.

3/5 The arbitration proceedings shall commence on the day one of the arbitration parties receives from the other party unless the parties to the contest agree otherwise.