Article 2 of the Saudi Implementing Regulations of the Arbitration Law
المادة 2 من اللائحة التنفيذية لنظام التحكيم
The article provides that "the competent court" under the Arbitration Law and its Regulations is the court of appeal originally competent to hear the dispute, except in cases excluded by specific articles of the Law.
Official text (Arabic)
This article has not been amended since the law was issued.
لأغراض تطبيق النظام واللائحة، يقصد بالمحكمة المختصة المشار إليها في النظام واللائحة محكمة الاستئناف المختصة أصلاً بنظر النزاع، عدا الحالات الواردة في الفقرة (1) من المادة (التاسعة)، وفي المادة (الثانية عشرة)، وكذلك في عجز الفقرة (3) من المادة (الأربعين)؛ من النظام.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 2 explained in plain English
Articles in the Arbitration Law and its Regulations refer to "the competent court". This article of the Regulations settles what this phrase means for the purposes of applying the Law and the Regulations.
The general rule: the competent court is the court of appeal originally competent to hear the dispute, that is, the court of appeal within whose jurisdiction the dispute originally falls.
The exceptions: this rule does not apply to the following cases in the Arbitration Law:
- the cases in paragraph (1) of Article 9 of the Law;
- the cases in Article 12 of the Law;
- what appears at the end of paragraph (3) of Article 40 of the Law.
What is meant here is the articles of the Arbitration Law, not the articles of the Regulations, since Article 1 of the Regulations defines "the Law" as the Arbitration Law. This article does not state what those articles provide or which body is competent in each of those cases, so their texts in the Law must be consulted.
The practical effect is that anyone who needs to file a request with the competent court on an arbitration matter goes, in principle, to the court of appeal originally competent to hear the dispute, unless the matter is one of the excluded cases. Before filing any request, you should consult a lawyer who specializes in arbitration and commercial cases to make sure of the correct court.
Practical example
A contracting company in Riyadh agreed with a supplier to resolve their disputes by arbitration, and the company then needed to file a request with the competent court on a matter the Law assigns to it. The court it goes to in principle is the court of appeal originally competent to hear this dispute, unless the matter is one of the excluded cases in the articles of the Law that the article mentions.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 2 of the Saudi Implementing Regulations of the Arbitration Law
What is the competent court under the Saudi Arbitration Law?
Under Article 2 of the Regulations, it is the court of appeal originally competent to hear the dispute, except in cases the Law excludes.
Are there cases in which the court of appeal is not the competent court?
Yes. The article excludes the cases in paragraph (1) of Article 9, in Article 12, and at the end of paragraph (3) of Article 40 of the Arbitration Law; their texts must be consulted to know what they provide.
More articles on Competent Court and Notification in Arbitration
- Article 1
Article 1 of the Regulations defines "the Law" as the Arbitration Law and "the Regulations" as the Implementing Regulations of the Arbitration Law.
لأغراض تطبيق النظام واللائحة، تدل الكلمات والعبارات الآتية على المعاني الموضحة أمام كل منها: النظام: نظام التحكيم. اللائحة: اللائحة التنفيذية لنظام التحكيم.
- Article 3
The article makes notice effective by electronic means, starts time periods the day after notice, and extends a deadline falling on an official holiday to the next working day.
1- مع مراعاة ما ورد في النظام في شأن الإبلاغات، يتحقق الإبلاغ بالوسائل الإلكترونية. 2- فيما لم يرد فيه نص خاص؛ يبدأ سريان المدد الواردة في النظام واللائحة في ال
- Article 19
The article provides that the Regulations of the Arbitration Law are published in the Official Gazette and take effect from the date of their publication.
تنشر هذه اللائحة في الجريدة الرسمية، ويعمل بها من تاريخ نشرها.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.

