Why People Always Choose Arbitration Over Litigation In Saudi Arabia? Most people prefer arbitration to litigation in Saudi Arabia. There are several reasons for this. Understanding these reasons will help you appreciate the many benefits of arbitration Saudi Arabia and the drawbacks of litigation Saudi Arabia so that you can make an informed decision. Note that arbitration involves dispute resolution outside the traditional/formal structure of court procedure and law. Under Saudi Arabia law, this is done before Dispute Resolutions Committees. On the other hand, litigation involves taking a case before a judge. In Saudi Arabia, this is done before such Saudi Courts as the General Courts (Shari’ah), the Board of Grievances and the Supreme Court. One of the greatest benefits of arbitration Saudi Arabia over litigation is efficacy.
Cases that end up in front of an arbitration tribunal/committee in Saudi Arabia are usually resolved faster than those that are tried in court. Another element of efficacy is that the conflict is less likely to affect the relationship between the opposing parties if it is arbitrated, noting that litigation is more adversarial in nature. The members of the arbitration Saudi Arabia tribunal will be chosen by both parties, meaning there is less likelihood of one party complaining of unfairness. This is particularly important where the two warring factions are non-Saudis and Saudis. Arbitration Saudi Arabia provides unparalleled flexibility since they are less formalized. Arbitrators in Saudi Arabia take an interventionist approach and even go out of their way to find the truth. In litigations, lawyers try to prevent the truth from coming out if it is to their client’s disservice. The fact that both sides can select venue, language and seat of the arbitration is a great advantage since it means parties can pick venues and languages that they feel are most neutral and convenient to them.
Arbitration offers uniformity of law. Saudi Arabia arbitrators, like arbitrators in most parts of the world, follow the 1985 UNCITRAL Model Law on International Commercial Arbitration and the 1976 UCITRAL Arbitration Rules. This adds to the feeling of fairness, especially where foreigners are involved. Saudi Arabia arbitrators follow the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Under this convention, the awards are easier to enforce than in court judgements. Litigation Saudi Arabia translates to heavy legal costs which are sometimes unsustainable. Arbitrators have expertise and qualification to hear cases in specific fields, sometimes even more than judges. Arbitration is also advantageous in that it offers unparalleled privacy and confidentiality.