The legal framework for the Enforcement of foreign arbitral awards in the Kingdom of Saudi Arabia has changed dramatically over the past decade. The previous procedure for the enforcement of arbitral awards had been complicated, long, and uncertain.

Documents required

The party enforcing an award must file a request for enforcement along with the following documents –

The original award or an attested copy of these-

• A copy of the arbitration agreement
• An Arabic translation of the arbitration award attested to by an accredited authority (if the award is not in Arabic)
• Proof of deposit of the award with the competent court

Enforcement Judge’s Authorizations

An Enforcement Judge, according to the Enforcement Law, takes all precautionary measures in case of the opposing party’s non-compliance. The Enforcement Judges can seek the assistance of process servers, enforcement officers, police, or other competent authorities. When the relevant party fails to fulfill the obligation within five days of notification of the execution order, the Enforcement Judge disposes of various measures. They may in such situations, for example, impose travel bans, order a freezing of bank accounts, or demand the disclosure and seizing of assets.

Enforcement Judges have a duty to gather information on reciprocity with another country. The Ministry of Justice issues an official statement that the country of origin of the decision has a reciprocal relationship with Saudi Arabia.

Conditions Prescribed by Saudi Law

The Enforcement Judge verifies if-

• Saudi courts are not competent to hear the relevant case and that the foreign body rendering the decision is in fact competent and complies with the relevant national conflict of law rules.
• Parties to the case were duly summoned, properly represented and could legally represent themselves.
• Decision is final according to the relevant national rules of the country of issuance.

In the case of a foreign arbitral award, the interested party must submit written evidence from the relevant foreign authority from the country of issuance confirming that the award is final.
– the decision is not inconsistent with any already existing decision or order of the Saudi courts; and
– the decision is in conformity with Saudi public policy (and notably Shari’ah law).

The most demanding requirement may be the one regarding compliance with the principles of Saudi public policy (and consequently the principles of Shari’ah law). Such an evaluation may lead to examining a case on the merits. This potentially could lead to additional problems and longer periods to decide on the enforcement of arbitral awards. If the decision fulfills the requirements, the Enforcement judge issues the enforcement order.

Finalization of the Enforcement Procedure

An enforcement order must be submitted to the Enforcement Circuit for actual enforcement. The Enforcement Circuit is one of the Saudi general courts. It is competent for overseeing the enforcement of decisions of many different courts in Saudi Arabia, along with arbitral awards and decisions of the administrative tribunals. Such diverse matters encompass many different issues, except administrative and criminal matters, which remain separate.

However, there is no possibility for the attachment or enforcement of State property. This leads to a factual situation where awards rendered against Saudi State entities are practically unenforceable in Saudi Arabia itself. The above-stated developments brought about important changes and the early use of the new procedural framework is encouraging.

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