The judicial system in the kingdom of Saudi Arabia is a complete and integrated system that guarantees the rights of public and private individuals and plays a large and important role in the stability and security of the state. It was divided The Saudi judicial system Now we will highlight the stages of issuing the law that will be implemented and applied in courtrooms, as well as the arbitration service, and is there a need to take consultations from licensed lawyers.
Issuing laws in Saudi Arabia
The stage of issuing Saudi laws goes through five stages, supplemented by constitutional systems, to become an effective law after which its materials are circulated and published:
Stages of issuing a law in Saudi Arabia
The proposal
The proposal is the first stage of issuing a law, and from it the process of enacting the law is established, which begins from the preparation of the first draft of it and continues until it is submitted to the competent regulatory authority and adopted according to the provisions of voting on it.
Voting
In case of acceptance, approval of the draft law is issued after it is submitted to the Council of ministers as the holder of the regulatory authority in a secret session at which the draft law is discussed and voted on in the presence of the concerned minister or his representative.
Authentication
After that, the draft law or the proposed system reaches the stage of ratification and documentation after the approval of the president of the session to turn into an official law, and this stage ends after the King's approval and approval of it through his signature on the council's decision.
Release
It is the stage of documenting the law and confirming its existence and validity in form and subject matter to become enforceable. After the process of legislating the law, we move on to the registration stage, which achieves two things:
- Registration of the system legally
- Entrusting the state departments with the process of applying the provisions of the law, each according to its competence
Publish
We conclude the process of issuing a law in Saudi Arabia by publishing and editing the law's materials on official websites and newspapers in order to familiarize the people with the law and the date of its application, which ensures its entry into force and adoption.
It is worth mentioning that many of the laws issued in Saudi Arabia and all over the world are subject to a process of amendment, auditing and documentation to suit the new situation.
Arbitration
Arbitration is an agreement between two or more parties that provides that all or some of the specific disputes that have arisen or may arise between them regarding a specific statutory relationship will be referred to arbitration, whether the relationship between them is contractual or non-contractual. The arbitration agreement may be contained in the form of an arbitration clause contained in a contract or in the form of an independent arbitration party. The arbitral tribunal consists of an individual or a team of arbitrators and the court with jurisdiction is responsible for the system of adjudication of disputes in which arbitration has been agreed.
Commercial arbitration in Saudi Arabia
Arbitration is distinguished from the judiciary by the speed of dispute resolution, the confidentiality of the deliberations between the parties to the dispute and the arbitral tribunal, as well as the freedom of the parties to choose the persons who will adjudicate the dispute.
It is not required in the arbitration process to obtain a consultation from a competent lawyer, where it is previously specified the committee or individual that meets in order to resolve disputes arising between the parties to the relationship to reach a verdict and a fair decision that applies to all parties.
Jurisdiction of Arbitration
Arbitration in the adjudication shall be concerned with commercial and civil disputes without personal status.
Commercial arbitration in Saudi Arabia
The Saudi Center for commercial arbitration has enacted the procedures to be followed, which are as follows:
- The plaintiff submits the request for arbitration, by filling out the request for arbitration form and sending a copy of it to the defendant, paying the necessary registration fee
- Communicate Saudi Center for commercial arbitration With the defendant and informs him of the request for arbitration, and asks him to respond to the request within a specified period
- After the response of the defendant, the center sends the plaintiff the response and asks him to respond to it in turn
- The center coordinates and organizes a conference call between the parties in order to determine the necessary points in the arbitration proceedings, with regard to the venue, language, rules, number of arbitrators and means of communication
- After the parties agree on the mechanism for appointing arbitrators, the center communicates with them and informs them of the appointment
- Before referring the dispute to the arbitral tribunal, the parties pay the final fee to the center
- The arbitral tribunal shall establish a preliminary call with the parties in order to hear a summary of the dispute, and determine a schedule of proceedings, including the dates of arbitration hearings and the dates of submission of briefs and responses thereto
- After the parties have submitted their requests and responses, the arbitral tribunal inquires from the parties whether they have other evidence to submit, other witnesses to hear, or other statements to make and if all these items are completed, the tribunal announces the conclusion of the hearings
- The arbitral tribunal shall study and deliberate what the parties have submitted during the hearings, and shall issue the arbitration award within a period not exceeding 60 days from the date of the conclusion of the hearings
