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Arbitration And Mediation Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Arbitration And Mediation Agreement

"I need an Arbitration and Mediation Agreement for a joint venture between a Saudi construction company and a UAE developer, to be effective from March 2025, with specific provisions for technical disputes to be referred to expert determination before mediation."

Document background
The Arbitration And Mediation Agreement serves as a crucial document for businesses operating in Saudi Arabia who wish to establish an efficient and legally compliant dispute resolution framework. This agreement is particularly relevant in light of Saudi Arabia's developing legal landscape, including the Saudi Arbitration Law of 2012 and recent developments in mediation legislation. The document provides a comprehensive framework for resolving disputes through a two-step process of mediation followed by arbitration, while ensuring compliance with both Saudi law and Sharia principles. It includes detailed provisions for the appointment of mediators and arbitrators, conduct of proceedings, confidentiality requirements, and enforcement mechanisms. The agreement is designed to be compatible with the rules of the Saudi Center for Commercial Arbitration (SCCA) and takes into account recent Saudi court precedents regarding the enforcement of arbitral awards.
Suggested Sections

1. Parties: Identification of all contracting parties with full legal names and addresses

2. Background: Context of the agreement and the parties' intention to resolve disputes through arbitration and mediation

3. Definitions: Key terms used throughout the agreement, including 'Dispute', 'Arbitration', 'Mediation', 'Award', etc.

4. Agreement to Mediate: Express agreement to submit disputes to mediation as the first step of dispute resolution

5. Mediation Process: Detailed procedures for initiating and conducting mediation, including timeframes and mediator appointment

6. Agreement to Arbitrate: Express agreement to submit disputes to arbitration if mediation fails

7. Scope of Arbitration: Clear definition of which disputes are subject to arbitration

8. Arbitration Rules: Specification of applicable arbitration rules (e.g., SCCA Rules) and any modifications

9. Arbitral Tribunal: Process for appointing arbitrators, including number, qualifications, and replacement procedures

10. Seat and Language: Designation of the seat of arbitration and language of proceedings

11. Governing Law: Specification of Saudi law as governing law and reference to Sharia compliance

12. Confidentiality: Obligations regarding confidentiality of the proceedings and any outcomes

13. Costs: Allocation of costs for both mediation and arbitration proceedings

Optional Sections

1. Emergency Measures: Procedures for seeking emergency relief before tribunal constitution, used in cases where urgent interim measures might be needed

2. Multi-Party Provisions: Special provisions for cases involving multiple parties, including joinder and consolidation

3. Expert Determination: Provisions for referring specific technical matters to expert determination

4. Industry-Specific Provisions: Special provisions relevant to specific industries (e.g., construction, technology)

5. Appeal Process: Optional provisions for internal appeals within the arbitration framework

6. Split Jurisdiction: Provisions specifying different dispute resolution methods for different types of disputes

7. Time-Limited Mediation: Specific timeframes for mediation before proceeding to arbitration

Suggested Schedules

1. Schedule 1: Mediation Procedure: Detailed step-by-step mediation rules and procedures

2. Schedule 2: Arbitration Procedure: Detailed arbitration rules and procedures if not fully incorporating institutional rules

3. Schedule 3: Fee Schedule: Schedule of fees for mediators, arbitrators, and administrative costs

4. Schedule 4: Model Forms: Standard forms for notices, appointments, and other procedural documents

5. Schedule 5: Code of Ethics: Ethical guidelines for mediators and arbitrators

6. Appendix A: Mediator Qualifications: Required qualifications and credentials for mediators

7. Appendix B: Arbitrator Qualifications: Required qualifications and credentials for arbitrators

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































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Relevant Industries

Construction & Engineering

Oil & Gas

Financial Services

Manufacturing

Technology & Telecommunications

Real Estate & Property Development

Healthcare

Retail & Consumer Goods

Transportation & Logistics

Professional Services

Relevant Teams

Legal

Compliance

Risk Management

Corporate Governance

Commercial Operations

Business Development

Contract Administration

Project Management

Executive Leadership

Dispute Resolution

Relevant Roles

Legal Director

General Counsel

Chief Legal Officer

Contract Manager

Commercial Director

Risk Manager

Compliance Officer

Legal Counsel

Corporate Secretary

Business Development Manager

Project Manager

Chief Executive Officer

Chief Financial Officer

Operations Director

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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