The recognition and enforcement of arbitral awards:

In both the Saudi law of arbitration and Uncitral Model Law, stated that the arbitral

award should be recognized and enforced. In addition, The Unictral Model Law also

considered the arbitral awards that are not domestic.

Under the Saudi Law regarding to the papers needed beside the arbitration award, the

competent court shall issue an order for the enforcement of the arbitration award and it

should be accompanied with the original award or attested copy of an award, a true copy

of the arbitration award, an Arabic translation of the arbitration award attested by an

authority, if the award is not in Arabic, and a proof of the deposit of the award with the

competent court.

The Uncitral Model Law provisions stated that Arbitral award, upon written application

to the competent court, should be enforced. The successful party shall supply original

award or a copy of it and a translation of an award if needed.

Nullification of an Arbitration Award and Grounds for refusing recognition or

enforcement:

The Unictral Model Law mentioned the grounds or circumstances where the party can

refuse the enforcement of an award, which can be upon a request from the party or the

court.

The party may submit a request to the competent court if he can proof first that the other

party was under some incapacity such as mental incapacity, when they entered into

arbitration agreement, the agreement was not valid according to the country where the

award was made, or failing any indication. Second the party against whom the award is

invoked, was not giving the reasonable notice of the appointment of the arbitrator,
arbitral proceeding or was not able to present his case. Third, when the awards which

deals with disputes that are not under the arbitration rules, the composition of the arbitral

tribunal or arbitral procedure was not in accordance with the agreement or the law, or

include decisions on matters that can’t be solved through arbitration, as long as the

decisions on matters that can be solved by arbitration from the matters which can’t.

Fourth, the award has not yet become binding on the parties or has been set aside or

suspended by court of the country in where award was made.

If the dispute is not capable of settlement by arbitration under the law or the award

would be against public policy of the state, the court shall refuse the recognition or

enforcement of the award.

In Saudi Law the awards can’t be appealed but the party can take action to nullify the

arbitration award under the following cases:

 If the arbitration agreement is not in existence

 Such agreement is void voidable or terminated

 If one of the parties at the time of agreement has no legal capacity depending on

the laws of his country.

 If the party wasn’t giving the reasonable notice to appoint an arbitrator or arbitral

procedure or any other reason beyond his control which he may be the reason of

failing to present his case.

 If the awards prevent the application of rules, which the parties agreed to, regards

the subject matter of dispute.

 If the procedures of the award is violating the law or the agreement.