Interim Measures in Arbitration in Saudi Arabia

The other party is preparing to move the project equipment out of the Kingdom, and the arbitral tribunal has not been formed yet. If you wait for it, it may be too late. Does the arbitration clause stop you from asking for urgent protection?

No, it does not. Article 22 of the Arbitration Law allows you to ask the competent court for an interim or precautionary measure before arbitration starts, and the tribunal can ask the court for one during the proceedings. If the parties agreed, the tribunal itself can order the measure (Article 23). An emergency arbitrator is an extra option if the rules of the agreed arbitration centre provide for one.

Can a Saudi court order interim measures before or during arbitration?

The competent court may order interim or precautionary measures at the request of a party before arbitration proceedings start, or at the request of the tribunal while they are under way, unless the parties agreed otherwise (Article 22 of the Arbitration Law). So an arbitration clause does not deprive you of urgent protection.

The competent court for Arbitration Law matters is the Court of Appeal that would originally hear the dispute, under Article 8 of the Law and Article 2 of its Implementing Regulations. A measure may be withdrawn in the same way it was issued, unless the parties agree otherwise. At the tribunal's request, the court may also order judicial assistance (letters rogatory), and the tribunal may ask the relevant authority to help summon a witness or expert or produce a document (Article 22).

Can the arbitral tribunal itself order interim measures?

The parties may agree that the tribunal, at the request of one of them, can order interim or precautionary measures. The tribunal may require the requesting party to provide a suitable financial guarantee. If the party ordered does not comply, the tribunal may authorise the other party to take the necessary steps, without affecting the right to ask the competent authority for enforcement (Article 23).

Is there an emergency arbitrator in Saudi arbitration?

The emergency arbitrator is not provided for in the Arbitration Law itself, but in the rules of some arbitration centres: an arbitrator appointed quickly to issue urgent measures before the tribunal is formed. If your clause refers to a centre whose rules include this mechanism, it becomes an available option alongside asking the court for measures under Article 22.

A subcontractor has equipment worth SAR 1.5 million on a project site. The main contractor prevents him from removing it and threatens to move it to another project. The contract has an arbitration clause, and the tribunal has not been formed yet.

The subcontractor asks the competent court for a precautionary measure preventing the transfer of the equipment. He attaches the contract, a list of the equipment, photos of the site and the threatening messages.

At the same time, he sends the request for arbitration to the other party, because an interim measure protects the situation but does not decide the dispute itself.

Is online or remote arbitration allowed in Saudi Arabia?

An arbitration agreement counts as written if it is in documented correspondence or electronic communications (Article 9). The tribunal may meet in any place it considers suitable to hear the parties and witnesses and examine documents (Article 28). So holding hearings and exchanging memoranda electronically is possible by agreement of the parties or by decision of the tribunal within this flexibility, while protecting each party's right of defence.

The Implementing Regulations of the Arbitration Law provide that notice can be given by electronic means (Article 3 of the Regulations). The tribunal may rely on written memoranda and documents instead of oral hearings unless the parties agree otherwise, and it must inform the parties of the dates of any oral hearing in good time (Article 33).

This is general information based on the official Arabic texts of Saudi laws, which prevail over any translation. It is not legal advice for your specific case.

Practical solutions for urgent cases, drafting and the other side

If you need urgent protection:

• Ask the competent court for an interim measure before the tribunal is formed.
• Check the rules of the agreed arbitration centre: do they include an emergency arbitrator?
• Prepare evidence of the risk and of the need for speed.
• Be ready to provide a guarantee if the tribunal asks for one.

If you are drafting an arbitration clause:

• State that the tribunal has power to issue interim measures; without an agreement it does not have it.
• Choose a centre whose rules include an emergency arbitrator if the contracts are sensitive.
• Allow electronic hearings and notices, and set the postal and email addresses for notices.

If an interim measure has been issued against you:

• Ask the tribunal to require the requesting party to provide a suitable financial guarantee if it has not done so (Article 23).
• Provide evidence that there is no real risk, or that the measure is wider than needed, and ask for it to be withdrawn in the same way it was issued.
• Comply with the order or challenge it through the proper route. Ignoring it may lead the tribunal to authorise the other party to take steps to enforce it.

Urgent protection in arbitration is possible if you act through the right route. Send us the arbitration clause and the urgent facts on WhatsApp, and we will identify with you the fastest body to ask for the measure.