Article 15 of the Saudi Implementing Regulations of the Arbitration Law

This article of the Regulations distinguishes between two matters that may be confused: the arbitration proceedings and the arbitration agreement.

• The arbitration proceedings: the course of the arbitration case before the arbitral tribunal.
• The arbitration agreement: the parties' agreement to resort to arbitration.

The article provides that a decision of the arbitral tribunal terminating the proceedings does not cause the arbitration agreement to lapse. The agreement therefore remains in place between the parties after this decision.

The exception: if the parties to the arbitration agreement agree otherwise, their agreement is applied.

The practical effect is that a party whose arbitration proceedings were terminated by a decision cannot rely on that decision alone to say that the arbitration agreement has ended. The article does not state the cases in which the tribunal issues a termination decision, or what the parties may do after it.

This article is linked to Article 14 of the Regulations, under which the award is pronounced after pleadings are closed, and to Article 16, which applies to an additional arbitral award the provisions provided by law for an arbitral award, except for the period for issuing it.

Anyone whose arbitration has ended with a termination decision and wants to know their options should consult a lawyer who specializes in arbitration and commercial cases.