Article 18 of the Saudi Implementing Regulations of the Arbitration Law

This article of the Regulations sets a restriction on accepting an action to annul an arbitral award and specifies the documents that accompany it, without stating the grounds for annulment or the period for filing the action.

First: the effect of waiver (paragraph 1). An annulment action is not accepted from the claimant of annulment if he has waived his right to file an annulment action after the arbitral award was issued. The text speaks of a waiver made after the award was issued, and does not address the rule on a waiver made before it was issued.

Second: the attachments (paragraph 2). The claimant of annulment submits with his action:

• the original arbitral award or a certified copy of it;
• a true copy of the arbitration agreement;
• a translation of the arbitral award into Arabic certified by an accredited body, if it was issued in another language.

This article does not state the effect of not submitting these attachments, and does not specify the accredited bodies for certifying the translation.

This article works together with Article 17 of the Regulations, under which an appeal against a judgment annulling an arbitral award in paragraph (2) of Article 51 of the Law lies before the Supreme Court, and the Supreme Court is the competent body referred to in paragraph (3) of Article 55 of the Law.

Anyone considering filing an annulment action, or who is asked after the award to sign a waiver of this right, should consult a lawyer who specializes in arbitration and commercial cases before any step, because a waiver after the award bars acceptance of the action.