This law is called the Arbitration Law of 2001 and shall come into effect thirty days after the date of its publication in the Official Gazette.
A. The following terms, wherever they appear in this Law, shall have the meanings assigned to them below, unless the context indicates otherwise:
Arbitral Tribunal: The body composed of one or more arbitrators to decide the dispute referred to arbitration in accordance with the provisions of this Law.
Competent Court: The Court of Appeal within whose jurisdiction the arbitration takes place, unless the parties agree on the jurisdiction of another Court of Appeal in the Kingdom.
Situation of Arbitration: The country agreed by the parties to the arbitration to be the place of arbitration, or the country in which the parties have agreed to apply the arbitration law in force to the arbitration proceedings, or the country chosen by the arbitral tribunal as its place of arbitration in the absence of such an agreement.
Competent Judge: The head of the competent court or one of its judges authorized in writing by him.
B. The term “parties to the arbitration,” wherever it appears in this Law, means the parties to the arbitration or the parties to the arbitration, as the case may be.
a. Subject to the provisions of international agreements in force in the Kingdom, the provisions of this Law shall apply to all arbitrations based in the Kingdom and to all arbitrations that are agreed to be subject to this Law, whether they relate to a civil or commercial dispute between parties who are public or private law entities, and regardless of the nature of the legal relationship in dispute, whether contractual or non-contractual.
b. The rules and legal principles applicable in international arbitration shall be observed in interpreting the provisions of this Law, and international commercial customs shall be taken into account in all cases.
This law applies to all arbitration proceedings existing at the time of its entry into force or commencing thereafter, even if based on an arbitration agreement predating its entry into force, provided that proceedings carried out in accordance with the provisions of any previous law shall remain valid.
A. 1. In cases where the law permits the parties to arbitration to choose the procedure to be followed in a particular matter, this includes their right to authorize the arbitral tribunal or a third party, or to delegate to either of them, the selection or adoption of such procedure. Such authorization or delegation shall be considered an agreement.
2. For the purposes of applying the provisions of paragraph (1) of this Article, a third party shall be any person, entity, or authority chosen by the parties to perform specific functions related to assisting in the formation of the arbitral tribunal and the conduct of the arbitration proceedings, including any arbitration institution or center within or outside the Kingdom.
B. If a third party fails to perform its duties, or delays doing so to the extent that it obstructs the arbitration process, or if it is impossible to perform these duties, either party may resort to the competent judge to undertake this procedure after hearing the other party’s arguments.
C. The provisions of this Article shall not affect the right of the arbitral tribunal, in the absence of an agreement, authorization, or delegation to a third party, to select or adopt any procedure it deems necessary for the proper conduct of the arbitration proceedings. The arbitral tribunal shall retain, in all cases, the authority to manage and conduct these proceedings.
A. Unless otherwise agreed between the parties to the arbitration, any notification shall be served on the person to be notified personally, or at their place of business, habitual residence, or postal address known to both parties, or in accordance with the written or electronic communication previously used between the parties to the arbitration.
B. If none of the addresses referred to in paragraph (A) of this Article can be identified, notification shall be deemed to have effect if delivered by registered or express mail to the last known place of business, habitual residence, or postal address of the person to be notified.
C. The provisions of paragraphs (A) and (B) of this Article shall not apply to judicial notifications before the courts.
D. The date of dispatch of any communication shall be deemed to be the date of the day on which it was dispatched if it was dispatched before midnight in the country from which it was dispatched.
If one of the parties to the dispute continues with the arbitration proceedings knowing of a breach of a condition of the arbitration agreement or of a provision of this law that may be waived by agreement, and fails to raise an objection to this breach within the agreed time or within a reasonable time if no agreement is reached, this shall be deemed a waiver of their right to object.
No court may intervene in matters governed by this law except in the circumstances specified herein, without prejudice to the right of the arbitration panel to request the competent court to assist it in the arbitration proceedings as it deems appropriate for the proper conduct of the arbitration, such as summoning a witness or expert, ordering the production of a document or a copy thereof, or reviewing it, or other similar actions.