The Saudi Center for Commercial Arbitration (SCCA) represented the Kingdom of Saudi Arabia at the 80th session of the UNCITRAL Working Group II on Dispute Settlement, recently held in Vienna. The session was attended by 63 UNCITRAL member states and representatives from relevant international organizations.
The 80th session of Working Group II addressed a vital issue: the recognition and enforcement of electronic arbitral awards. Given the increasing use of technology in commercial dispute resolution, UNCITRAL had tasked Working Group II with identifying challenges associated with such technologies and exploring possible solutions.
As part of this session, Working Group II held a two-day colloquium at UN Headquarters on the digitalization of arbitration in light of modern international practices. The colloquium focused on issues related to electronic arbitral awards, electronic signatures, and digital communications. The SCCA participated in the colloquium, alongside major international arbitration centers,
to share its experience in adopting digital methods for issuing and signing arbitral awards and to discuss related challenges. The SCCA was the only arbitration center from the Middle East and North Africa region to participate.
Speaking during a panel discussion on “Electronic Arbitral Awards from the Perspective of Arbitration Centers,” SCCA CEO Dr. Hamed bin Hassan Merah highlighted the digital aspects of rules and practices at the SCCA.
Dr. Merah noted that the term “electronic” appears 12 times in the 2023 version of the SCCA Arbitration Rules. For example, Article 25 encourages the use of technology in the management of arbitration cases, and Article 36 permits the issuance of arbitral awards electronically if the parties agree.
In practice, Dr. Merah explained that a digital approach is present at various stages, from the submission of arbitration requests (often done electronically) to the exchange of documents and evidence and communication between the SCCA, the arbitral tribunal, and the parties
involved, leading to the issuance of arbitral awards.
Dr. Merah added, “Since the 2023 SCCA Arbitration Rules came into effect, the vast majority of arbitral awards have been circulated to the parties via email. Hard copies are provided upon request or where necessary to satisfy jurisdictional requirements.”
He emphasized that this practice takes place within an environment that supports digitalization in Saudi Arabia at the executive, judicial, and legislative levels, facilitating the use of technological tools and applications in commercial dispute resolution.
“Saudi Arabia is rapidly transitioning toward electronic government applications,” Dr. Merah continued, “as reflected in its rapid rise in relevant international indexes, including the United Nations E-Government Development Index, in which Saudi Arabia rose from 52nd place globally in 2018 to fourth place globally and first regionally in 2024.”
Regarding the judicial framework, Dr. Merah noted that the percentage of digitalized justice services r
ose from 30% in 2015 to 87% this year. There are now 160 judicial services offered electronically through the Najiz platform of the Ministry of Justice, including the deposition of arbitral awards and the filing of motions to annul or enforce arbitral awards, whether local or international.
At the legislative level, Dr. Merah highlighted that Saudi Arabia has adopted a comprehensive regulatory framework enabling the digital transformation of government services in line with the best international standards and practices. He mentioned several relevant laws, particularly the Electronic Transactions Law, the E-Commerce Law, and the Telecommunications and Information Technology Act.
Source: Saudi Press Agency