SCCA Highlights Saudi Arabia's Leadership In Digital Arbitration At UN Headquarters In Vienna

The Saudi Center for Commercial Arbitration (SCCA) recently represented Saudi Arabia at the 80th session of the UNCITRAL Working Group II on Dispute Settlement in Vienna. This session, attended by 63 member states and international organizations, focused on the recognition and enforcement of electronic arbitral awards. The increasing use of technology in resolving commercial disputes prompted UNCITRAL to explore challenges and solutions related to these technologies.

During this session, a two-day colloquium was held at the UN Headquarters, concentrating on digital arbitration practices. Topics included electronic arbitral awards, digital signatures, and communication methods. The SCCA participated alongside major international arbitration centers to share its experiences with digital methods for issuing and signing arbitral awards. Notably, the SCCA was the sole participant from the Middle East and North Africa region.

Dr. Hamed bin Hassan Merah, CEO of SCCA, spoke about electronic arbitral awards during a panel discussion. He highlighted that "electronic" is mentioned 12 times in the 2023 SCCA Arbitration Rules. Article 25 encourages using technology in managing arbitration cases, while Article 36 allows electronic issuance of awards if agreed upon by parties involved.

Dr. Merah explained that digital processes are integrated into various stages of arbitration. These include submitting requests electronically, exchanging documents and evidence digitally, and communicating between the SCCA, tribunals, and parties involved. This approach leads to issuing arbitral awards electronically.

"Since the 2023 SCCA Arbitration Rules came into effect," Dr. Merah stated, "the vast majority of arbitral awards have been circulated to the parties via email." Hard copies are provided upon request or when necessary for jurisdictional compliance. This practice aligns with Saudi Arabia's support for digitalization across executive, judicial, and legislative levels.

Dr. Merah emphasized Saudi Arabia's rapid transition towards electronic government applications. He noted its significant rise in international indexes like the United Nations E-Government Development Index, where it moved from 52nd globally in 2018 to fourth globally and first regionally by 2024.

Judicial and Legislative Frameworks

The judicial framework has seen a substantial increase in digitalized justice services from 30% in 2015 to 87% this year. Currently, there are 160 judicial services available electronically through the Ministry of Justice's Najiz platform. These services include depositing arbitral awards and filing motions to annul or enforce them locally or internationally.

At the legislative level, Dr. Merah highlighted Saudi Arabia's comprehensive regulatory framework supporting digital transformation in government services according to international standards. Key laws include the Electronic Transactions Law, E-Commerce Law, and Telecommunications and Information Technology Act.

This focus on digital transformation reflects Saudi Arabia's commitment to integrating technological tools into commercial dispute resolution processes effectively.

With inputs from SPA