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Peer-Reviewed Legal Research

Procedures for Filing an Action to Set Aside an Arbitral Award under the Saudi Arbitration LawAn Applied Study in Comparison with Islamic Jurisprudence and Foreign Laws

A study by Prof. Dr. Turki bin Abdullah bin Aqil Al‑Tayyar examining the statutory filing period, the competent court and practical challenges arising from electronic procedures through the Najiz platform.

Read & Download the PDF ↓Explore the Research
AuthorProf. Dr. Turki bin Abdullah bin Aqil Al‑Tayyar
Published inJournal of Islamic Studies and Academic Research, Issue 115, Faculty of Dar Al‑Ulum, Cairo University
SubjectSaudi arbitration law and actions to set aside arbitral awards
MethodologyApplied, descriptive, analytical and comparative
Research overview

Setting-Aside Proceedings between Statutory Rules and Digital Practice

Atyar Advocates & Legal Consultants presents this peer-reviewed study by Dr. Turki Al‑Tayyar. The English paper uses the expression “lawsuit for the nullification of an arbitral award”; this page uses the more conventional arbitration-law term “action to set aside an arbitral award” without changing the substance of the research.

The paper examines the special legal route by which an arbitral award may be challenged. It concentrates on two decisive procedural questions: the 60-day filing period and the court competent to hear the action. The Saudi Arbitration Law is compared with the arbitration laws of Jordan, the United Arab Emirates, Egypt and Algeria. The study also examines these issues through Islamic jurisprudence, judicial decisions and practical applications.

Key point: an action to set aside is not an appeal on the merits. It is a specific statutory mechanism for challenging an arbitral award on defined grounds and through prescribed procedures. Observing the deadline, identifying the competent court and preparing the electronic filing are therefore essential.

The study further considers how digital transformation affects court procedure, particularly where technical difficulties delay the deposit of an award or the acceptance of a setting-aside claim through Najiz.

This page provides an academic summary and does not constitute legal advice. The correct procedure depends on the facts, type of arbitration, date of notification and rules in force when the action is filed.
Central focus

Two Issues That Shape a Valid Setting-Aside Action

1

The statutory filing period

The research analyses the 60-day period prescribed by Article 51 of the Saudi Arbitration Law, its commencement, the consequences of expiry, and the treatment of filing periods in comparative laws and Islamic jurisprudence.

2

The court with jurisdiction

It examines the competent court in domestic and international commercial arbitration, including subject-matter and territorial jurisdiction and the practical referral of an electronic statement of claim.

Research questions

Legal and Practical Questions in a Digital Court Environment

When does the period for filing a setting-aside action begin, and how is it calculated?
Which court has jurisdiction over domestic and international commercial arbitration?
How can a technical delay in depositing an award affect the statutory deadline?
How should a court treat a late filing caused by a technical issue outside the claimant’s control?
Do the Arbitration Law and its Implementing Regulations adequately address digital obstacles?
How does the Saudi approach compare with the selected foreign laws?
Research structure

The Main Areas of Analysis

01

Concepts and legal basis

Procedure, legal action, setting aside, arbitral award, arbitration and the governing statutory framework.

02

Time limit

Saudi law, comparative legislation, Islamic jurisprudence and practical applications.

03

Competent court

Jurisdiction in domestic and international arbitration and comparative legal analysis.

04

Digital procedures

Depositing the award, submitting the claim, review and electronic referral through Najiz.

Najiz and setting-aside actions

How Technology Can Affect Deadlines and Court Procedure

The paper considers practical examples that, in the author’s analysis, demonstrate the need for clearer rules where a technical obstacle delays the deposit of an arbitral award or the acceptance of a setting-aside claim.

Depositing the award

The electronic filing path may depend on completion of the award deposit, creating difficulty if that step is delayed for reasons outside the claimant’s control.

Reviewing the claim

Administrative review, classification and referral may take time while the statutory deadline remains relevant to formal admissibility.

Identifying jurisdiction

Correct subject-matter and territorial classification is important so that a party does not bear the procedural consequences of an erroneous referral.

Key findings

What Did the Study Conclude?

01

A gap concerning technical obstacles

The paper finds no sufficiently explicit rule on the effect of electronic delay that causes the filing period to be exceeded.

02

Deposit and commencement of time

The author argues that where Najiz prevents filing until the award is deposited, delay in deposit not attributable to the claimant should not count against that party and the filing period should not begin before deposit.

03

Jurisdiction is determined in two stages

The practical analysis distinguishes administrative processing through Najiz and the Case Verification Center from the judicial determination made by the court identified in the electronic claim.

04

The process extends beyond two issues

Although time and jurisdiction are central, the action also requires documents and additional procedural and technical steps.

05

A legitimate impediment may preserve the action

The paper supports accepting a claim filed after the period where a legitimate excuse prevented timely filing, while acknowledging disagreement among courts and legal commentators.

06

Territorial jurisdiction

The study concludes that territorial jurisdiction follows the court selected by the parties or the agreed place or legal seat of arbitration, rather than the defendant’s residence.

Recommendations

Toward Clearer and Fairer Digital Procedures

  • Amend the Arbitration Law or its Implementing Regulations to address technical issues affecting the filing of setting-aside actions.
  • Introduce an express provision making deposit of the arbitral award a condition for accepting the action and regulate the filing period in light of that condition.
  • Set a maximum period for electronic processing and provide an alternative route when an online solution is unavailable.
  • Support review and classification with legally qualified personnel to reduce jurisdictional and referral errors.
Dr. Turki Al-Tayyar
About the author

Prof. Dr. Turki Al‑Tayyar

Dr. Turki Al‑Tayyar is a Saudi legal scholar and Associate Professor in the Department of Sharia Policy at the Higher Institute of Judiciary, Imam Mohammad Ibn Saud Islamic University in Riyadh. He is also the founder of Atyar Advocates & Legal Consultants.

His work combines Islamic legal foundations, statutory analysis and judicial practice, with particular attention to arbitration, mediation, dispute resolution and the legal frameworks governing judicial and commercial practice.

ArbitrationIslamic Jurisprudence & LawJudicial StudiesMediationDispute Resolution
View Dr. Turki Al‑Tayyar’s Profile
Further reading

Related Legal Research

Saudi Arbitration

The Independence of Saudi Arbitration from State Authorities

A comparative study of the scope and limits of autonomy across the arbitration process.

Read the research → Regulatory Drafting

The Place of Arbitration under the Saudi Arbitration Law

An analysis of the distinction between the legal seat and the physical venue of proceedings.

Read the research → Mediation

Mandatory Mediation in Saudi Arabia and Its Legal Effects

An applied study of the procedural effects of required mediation before certain claims.

Read the research →

Download the Complete Research Paper

Read the full analysis of the statutory filing period, the competent court, judicial and technical applications, findings and recommendations.

Read & Download the PDF ↓The research opens in a new tab and can be saved to your device.
Frequently asked questions

Setting Aside Arbitral Awards in Saudi Arabia

What is an action to set aside an arbitral award?
It is a special statutory action challenging an award on the grounds and through the procedures prescribed by the Arbitration Law. It is not an ordinary appeal on the merits.
What filing period does the research examine?
The research focuses on the 60-day period under the Saudi Arbitration Law, when it begins and the consequences of exceeding it, with comparisons to other Arab laws.
Which court has jurisdiction over a setting-aside action?
The answer depends on the nature of the arbitration and whether it is domestic or international commercial arbitration. Jurisdiction must be verified for each matter.
Can a Najiz technical issue affect the filing deadline?
The study discusses situations in which a technical obstacle may delay deposit or acceptance and recommends an express regulatory solution for delays not attributable to the claimant.
Does a setting-aside action automatically stay enforcement?
Setting-aside and enforcement proceedings are governed by specific rules. An automatic stay should not be assumed without considering the applicable provisions and the court’s decision.
Where can the complete English paper be downloaded?
Use any of the PDF buttons at the top, within the overview or near the end of this page to open and download the English paper.

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