• Unless the context indicates otherwise, words and terms of these Rules shall have the same meaning as specified in the Law, the Governing Rules, and the Implementing Regulations. The following words and terms shall have the meanings specified herein:

  • Rules: Arbitration Rules in PSP Contracts.

  • Law: Private Sector Participation Law.

  • Governing Rules: The PSP Governing Rules issued pursuant to the Law.

  • Implementing Regulations: The Implementing Regulations of the Law.

  • PSP Regulatory Framework: The Law, the Governing Rules, the Implementing Regulations, the NCP Regulations, and any other legislative instruments governing the PSP Projects.

• 1. The Rules apply to the PSP Contracts or any Ancillary Contracts thereto governed by the provisions of the PSP Regulatory Framework for which no approval has been issued for arbitration, prior to these Rules coming into force.

• 2. The Rules shall not apply to contracts for advisory and similar services in relation to PSP Projects, and such contracts shall be subject to the applicable laws of the Kingdom, in relation to arbitration.

The Rules shall be a part of the PSP Regulatory Framework and the provisions therein shall be applied without prejudice to other provisions set forth in the PSP Regulatory Framework.

The Rules aim to establish a regulatory and procedural framework to regulate matters related to the arbitration clause or arbitration agreement in the PSP Contract or any Ancillary Contracts thereto, and to regulate the clause or agreement to settle disputes arising from the PSP Contract or any Ancillary Contracts thereto - both within and outside the Kingdom - including determining the governing law applicable for settling such disputes.

• 1. Entities subject to the provisions of the Rules - each within the scope of their competence and responsibility - shall comply with the provisions of these Rules.

• 2. The Concerned Entity shall be responsible for ensuring the compliance of the Contracting Authority, its employees, and work teams with the provisions hereof when carrying out tasks and activities falling within their competence, and shall undertake the requisite internal administrative arrangements to ensure compliance with these Rules.

• 3. The Approving Authority may refuse to grant the requisite approval for the arbitration clause or arbitration agreement if it transpires that the Contracting Authority has not complied with the Rules.