The Charter of the Dispute Resolution Authority

Show Law Preamble

Based on the provisions of Article Six of the Charter of the Cooperation Council for the Arab States of the Gulf, and in implementation of the provisions of Article Ten of the Charter of the Cooperation Council.

The Dispute Settlement Authority, hereinafter referred to as the Authority, is formed, and its competencies and procedural rules are determined according to the following provisions.

Article 1: Terminology

The terms mentioned in this law shall have the same meanings as those stated in the Charter of the Cooperation Council for the Arab States of the Gulf.

Article 2: Headquarters of the Authority and its Meetings

The headquarters of the Authority shall be in the city of Riyadh, Kingdom of Saudi Arabia, and its meetings shall be held in the host country, and it may, when necessary, meet in any other place.

Article 3: Jurisdiction

  • The authority is responsible, when named, for considering what is referred to it by the Supreme Council from:

    • A- Disputes between member states.

    • B- Disagreements regarding the interpretation or application of the Charter of the Cooperation Council.

Article 4: Membership of the Authority

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    • A- The commission is formed from an appropriate number of citizens of member states not party to the contest, as deemed by the council in each case, depending on the nature of the dispute, provided that their number is not less than three.

    • B- The commission may seek assistance from any experts and consultants it chooses.

    • C- Unless the Supreme Council decides otherwise, the commission's task ends upon submitting its recommendations or opinions to the Supreme Council, which may, after the task is completed, summon it at any time to interpret or clarify what is stated in its recommendations or opinions.

Article 5: Convening and Internal Procedures

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    • A- The convening of the body is valid with the presence of all its members.

    • B- The General Secretariat of the Cooperation Council shall prepare a system for the procedures necessary for the functioning of the body. It shall come into effect from the date of approval by the Ministerial Council.

    • C- Each party to the contest shall have representatives before the body, and they are entitled to follow the procedures and present defenses.

Article 6: The Presidency

The authority selects a chairman from among its members.

Article 7: Voting

Each member of the committee shall have one vote, and the committee shall issue its recommendations or fatwas on the subjects presented to it by a majority of the members' votes. If the votes are equal, the side with the President shall prevail.

Article 8: Secretariat of the Authority

A- The General Secretary is responsible for appointing a registrar for the authority, and a sufficient number of employees to perform its secretarial duties.

B- The Supreme Council may establish an independent body to perform the secretarial duties of the authority if the need arises.

Article 9: Recommendations and Fatwas

  • A- The Authority issues its recommendations or fatwas in accordance with the provisions of the Basic Law of the Cooperation Council, international law and custom, and the principles of Islamic Sharia, provided that it submits its reports on the case presented to it to the Supreme Council to take what it deems appropriate.

  • B- The Authority, while considering any dispute before it, and until it issues its final recommendations, may recommend to the Supreme Council to take the temporary measures required by necessity or circumstances.

  • C- The Authority's recommendations or fatwas shall state the reasons on which they are based and shall be signed by the President and the Registrar.

  • D- If the opinion is not issued in whole or in part by consensus of the members, the dissenters have the right to record a statement of the dissenting opinion.

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