Atayyar Legal Company

  • Al Takhassousi, An Nakheel, Riyadh 12384
  • info@al-tayyar.com.sa
  • 0555398969
Youtube X-twitter Linkedin-in Instagram Facebook
Book Consultation
Peer-Reviewed Legal Research

Enforcement of Electronic Arbitral Awards in Saudi ArabiaA Comparative Study in Islamic Jurisprudence and Saudi Regulations

Research by Prof. Dr. Turki bin Abdullah bin Aqeel Al‑Tayyar examining the competent authority, the conditions and procedures for enforcing domestic and foreign electronic arbitral awards, and their treatment under Saudi law.

Read & Download the PDF ↓Explore the Research
AuthorProf. Dr. Turki bin Abdullah bin Aqeel Al‑Tayyar
Published inJournal of the Faculty of Sharia and Law, Tafahna Al‑Ashraf, Al‑Azhar University
PublicationIssue 29, Part Three, December 2024
MethodologyInductive, analytical and comparative
Research overview

Electronic Award Enforcement under Saudi Law

Atyar Advocates & Legal Consultants presents this peer-reviewed study by Dr. Turki Al‑Tayyar on the enforcement of electronic arbitral awards in Saudi Arabia. It analyses the Saudi Arbitration Law, Enforcement Law and Electronic Transactions Law alongside relevant principles of Islamic jurisprudence.

The research responds to the expansion of electronic commerce and remote dispute resolution. Electronic arbitration is no longer confined to disputes arising from online contracts; in practice, technology may also be used to conduct proceedings involving conventional commercial contracts.

Key conclusion: although Saudi legislation does not contain a separate set of provisions devoted exclusively to enforcing electronic arbitral awards, the paper concludes that the combined operation of the Arbitration Law, Enforcement Law and Electronic Transactions Law permits the conditions and procedures applicable to conventional awards to extend to electronic awards.

The paper considers the competent authority, deposit of the award, documentary requirements, electronic authenticity, applications through Najiz, and the enforcement of both domestic and foreign electronic arbitral awards.

This page is an academic summary and does not constitute legal advice. Every enforcement application requires an individual assessment of the award, its origin, electronic record, applicable rules and current court procedures.
Central issues

Three Questions Determine Enforceability

Who is the competent authority?

The study examines jurisdiction over domestic and foreign electronic awards and the respective roles of the Courts of Appeal and the Enforcement Court.

What conditions must be met?

It analyses deposit, supporting documents, statutory review, public policy and Sharia compliance, and the relationship with earlier judgments.

How is enforcement pursued digitally?

The research follows the electronic route from award deposit and the enforcement order to submission of the execution instrument through Najiz.

Research questions

Saudi Law in a Digital Arbitration Environment

Do Saudi general rules encompass awards issued and signed electronically?
Which court is competent to enforce a domestic or foreign electronic award?
What conditions must be satisfied before an enforcement order is issued?
How is an electronic award deposited and the integrity of its record established?
Which enforcement procedures are completed through the Ministry of Justice’s Najiz platform?
How should forgery or tampering affecting electronic awards and documents be addressed?
Research structure

The Paper’s Analytical Framework

01

Definitions and sources

The concept of electronic arbitration and the international sources that contributed to its development.

02

Judicial competence

The authority competent to enforce domestic and foreign electronic arbitral awards.

03

Enforcement conditions

Award requirements, deposit, supporting documents, authenticity and statutory barriers.

04

Enforcement procedures

Saudi procedural rules and their practical electronic application through Najiz.

Conditions and procedure

From Electronic Award to Enforceable Instrument

1

Deposit of the award

The paper examines deposit of the original award or a signed copy in its language of issuance and completion of the required record before the competent court.

2

Application for an enforcement order

The competent court verifies the documents and statutory requirements before ordering enforcement of the electronic award.

3

Execution through Najiz

Once executable, the instrument is submitted electronically as a financial or direct execution request, according to the relief ordered.

4

Foreign electronic awards

Enforcement of an award made outside Saudi Arabia also requires compliance with the rules for foreign judgments and relevant international instruments.

Technology and authenticity

Electronic Evidence and the Integrity of the Award

The study connects arbitration and enforcement rules with the Electronic Transactions Law and emphasises verification of the parties, signatures and integrity of the electronic record.

Electronic legal effect

Enforceability is supported by the combined general provisions recognising electronic transactions, records and signatures.

Integrity of the record

The digital nature of an award requires confidence in its source, attribution, transmission and protection against alteration after issuance.

Risk of forgery

The author recommends express regulatory provisions addressing forms of forgery affecting electronic documents, particularly electronic arbitral awards.

Key findings

What Did the Research Conclude?

01

No dedicated enforcement rules

The Saudi Enforcement Law does not expressly prescribe separate conditions and procedures for electronic arbitral awards.

02

Complementary Saudi laws

The combined rules of the Enforcement Law, Electronic Transactions Law and Arbitration Law permit conventional enforcement requirements to be applied to electronic awards.

03

Growing practical use

Recent practice increasingly involves both issuing electronic awards and pursuing their enforcement electronically through Najiz.

04

Saudi judicial applications

The paper records that electronic arbitral awards have been issued and enforcement orders have been made by Saudi Courts of Appeal.

05

Domestic and foreign awards

The analysis extends to awards made inside and outside Saudi Arabia, subject to the requirements applicable to each category.

06

Express regulation is desirable

Specific provisions would reduce uncertainty and address the technical characteristics of electronic awards more directly.

Recommendations

A Clearer Framework for Electronic Enforcement

  • Introduce specific provisions on enforcing electronic arbitral awards into the Saudi Enforcement Law and Arbitration Law to reduce reliance on individual interpretation.
  • Apply the Saudi Electronic Transactions Law together with the Enforcement Law and Arbitration Law before issuing an electronic award intended for enforcement in Saudi Arabia.
  • Introduce provisions addressing forms of forgery that may affect electronic documents, particularly electronic arbitral awards.
Dr. Turki Al-Tayyar
About the author

Prof. Dr. Turki Al‑Tayyar

Prof. 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 research combines Islamic legal foundations, statutory analysis and judicial practice, with particular attention to arbitration, enforcement, mediation and dispute resolution.

ArbitrationAward EnforcementIslamic Jurisprudence & LawJudicial StudiesDispute 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 arbitral proceedings.

Read the research → Mediation

Mandatory Mediation in Saudi Arabia and Its Legal Effects

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

Read the research →

Download the Complete Research Paper

Read the full study of the competent authority and the conditions and procedures for enforcing domestic and foreign electronic arbitral awards in Saudi Arabia.

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

Electronic Arbitral Award Enforcement in Saudi Arabia

What is an electronic arbitral award?
It is an arbitral award issued using electronic means. The proceedings, signatures, documents and notifications may be conducted wholly or partly through digital systems.
Can an electronic arbitral award be enforced in Saudi Arabia?
The study concludes that the combined general rules of the Arbitration Law, Enforcement Law and Electronic Transactions Law permit conventional enforcement conditions and procedures to be applied to electronic awards.
Are there dedicated enforcement rules for electronic awards?
According to the research findings, Saudi law does not yet provide a separate set of enforcement conditions and procedures devoted exclusively to electronic arbitral awards.
What role does Najiz play?
Najiz supports electronic procedures connected with award deposit and execution applications. The type of application depends on whether financial or direct execution is sought and on the relief in the instrument.
Does the research cover foreign electronic awards?
Yes. It considers domestic and foreign electronic arbitral awards, including the additional rules and international instruments relevant to foreign awards.
Where can the complete English paper be downloaded?
Use any of the PDF buttons at the top, in the overview or near the end of this page to open and download the English paper.

جاهز لحماية حقوقك أو تطوير أعمالك؟

تواصل معنا اليوم واحصل على استشارة قانونية موثوقة

سواء كنت فردًا تبحث عن تمثيل قانوني موثوق أو شركة تحتاج إلى دعم قانوني متخصص، نحن في شركة أطيار للمحاماة والاستشارات القانونية جاهزون لمساعدتك. دعنا نكون شريكك القانوني في كل خطوة، بخبرة تتجاوز 23 عامًا في الأنظمة السعودية.

احجز استشارتك الآن

فرع الرياض

فرع الخبر

شركة الطيار للمحاماة والاستشارات القانونية

بيانات الاتصال

  • شارع التخصصي، النخيل، الرياض 12384
  • 3132 شارع الأمير تركي، الكورنيش، 6309, الخبر
  • Info@al-tayyar.com.sa
  • 00966555398969

مجالات الممارسة

القانون التجاري والشركات

صياغة العقود والوثائق القانونية

القانون المالي والمصرفي

الضرائب والزكاة والجمارك

العقارات والملكية الخاصة

تابعنا

Youtube X-twitter Linkedin-in Instagram

النشرة الإخبارية

You have been successfully Subscribed! Ops! Something went wrong, please try again.

© 2025 All Right Reserved Al Tayyar Leagal company