Nullification of Arbitration

Article (48)

Arbitration awards issued in accordance with the provisions of this Law are not subject to appeal by any of the means of appeal stipulated in the Civil Procedure Law. However, an action to invalidate an arbitration award may be filed in accordance with the provisions set forth in Articles (49), (50), and (51) of this Law.

Article (49)

A. An action to set aside an arbitral award shall only be admissible in any of the following cases:

1. If there is no valid and written arbitration agreement, or if such agreement is void or has expired.

2. If one of the parties to the arbitration agreement was legally incapacitated or lacked legal capacity at the time of its conclusion, according to the law governing their capacity.

3. If either party to the arbitration was unable to present their defense due to not being properly notified of the appointment of an arbitrator or of the arbitration proceedings, or for any other reason beyond their control.

4. If the arbitral award excludes the application of the law agreed upon by the parties to govern the subject matter of the dispute.

5. If the arbitral tribunal was constituted or the arbitrators appointed in a manner contrary to this law or the agreement of the parties.

6. If the arbitral award decides on matters not covered by the arbitration agreement or exceeds the scope of that agreement. However, if the parts of the award relating to matters subject to arbitration can be separated from those relating to matters not subject to arbitration, the annulment shall apply only to the latter parts.

7. If the arbitration panel fails to observe the conditions required for the award in a manner that affects its content, or if the award is based on invalid arbitration procedures that affect it:

B. The competent court hearing the annulment action shall, on its own motion, declare the arbitration award invalid insofar as it contains anything that violates public order in the Kingdom, or if it finds that the subject matter of the dispute is not subject to arbitration.

Article (50)

A. An action to set aside an arbitration award shall be filed with the Court of Cassation within thirty days of the date of notification of the award. The other party shall submit its response within thirty days of the date of notification.

B. The Court of Cassation shall review the action to set aside unless it decides otherwise, and shall address all the grounds raised therein. The waiver by the party seeking the annulment of their right to file such an action before the issuance of the arbitration award shall not preclude the acceptance of the action to set aside.

C. The court may require the party seeking annulment to submit an Arabic translation of any of the arbitration documents.

Article (51)

If the Court of Cassation upholds the arbitration award, it must order its enforcement. If it overturns the award, it declares the award null and void. The nullity of the award does not invalidate the arbitration agreement unless the agreement itself is null and void.