Article 5 of the Saudi Implementing Regulations of the Arbitration Law
المادة 5 من اللائحة التنفيذية لنظام التحكيم
The article allows an arbitrator to step down when his recusal is requested without giving reasons and without this being an admission, and bars accepting a recusal request after the close of pleadings.
Official text (Arabic)
This article has not been amended since the law was issued.
1- للمحكم التنحي عن نظر النزاع إذا طُلب رده، دون أن يبدي أسباب تنحيه، ولا يعد هذا إقراراً منه بصحة الأسباب التي استند إليها طالب الرد.
2- لا يقبل طلب رد المحكم بعد قفل باب المرافعة.
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 5 explained in plain English
"Recusal of an arbitrator" is a request a party files to remove the arbitrator from hearing the dispute for reasons it relies on. This article of the Regulations deals with two matters connected to this request, without stating the grounds or procedures for recusal, for which the Arbitration Law must be consulted.
First: the arbitrator stepping down after his recusal is requested (paragraph 1). If the arbitrator's recusal is requested, he may step down from hearing the dispute:
- without giving the reasons for stepping down;
- and his stepping down is not an admission by him that the reasons relied on by the party requesting recusal are valid.
Thus the arbitrator can withdraw without his withdrawal being used against him as an admission of what was attributed to him. Stepping down here is optional: the text says "the arbitrator may step down" and does not oblige him to.
Second: a final deadline for requesting recusal (paragraph 2). A request for recusal of an arbitrator is not accepted after the close of pleadings. Anyone with grounds to request recusal must therefore file it before then.
This article is linked to Article 6 of the Regulations, which suspends the arbitration proceedings until a substitute arbitrator is appointed if the arbitrator's mission ends in the cases in Article 19 of the Law, but excepts from that the case where the arbitrator's mission ends by his recusal. It is also linked to Article 4, which specifies what is attached to a request that the competent court appoint an arbitrator.
Because the timing and grounds of a recusal request affect the course of the arbitration, you should consult a lawyer who specializes in arbitration and commercial cases before filing it.
Practical example
In an arbitration between two companies in Riyadh, one asked for the arbitrator's recusal because it believed he had a prior relationship with the other party. The arbitrator decided to step down without stating a reason, and his stepping down does not mean he admitted that relationship existed. Had the company waited until the pleadings were closed, its request would not have been accepted.
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 5 of the Saudi Implementing Regulations of the Arbitration Law
Must an arbitrator state the reason for stepping down if his recusal is requested?
No. The article allows the arbitrator to step down without giving the reasons for stepping down.
Does an arbitrator stepping down mean he admitted the grounds for recusal?
No. The article provides that stepping down is not an admission by him that the reasons relied on by the party requesting recusal are valid.
When is a request for recusal of an arbitrator not accepted?
A request for recusal of an arbitrator is not accepted after the close of pleadings.
More articles on Appointing and Challenging the Arbitrator
- Article 4
The article requires a party asking the competent court to appoint an arbitrator to attach a copy of the request for arbitration and a copy of the arbitration agreement.
على الطرف الذي يطلب من المحكمة المختصة تعيين محكم أن يرفق بطلبه صورة من طلب التحكيم، وصورة من اتفاق التحكيم.
- Article 6
The article suspends arbitration proceedings when an arbitrator's mission ends in the cases in Article 19 of the Law, except by recusal, until a substitute arbitrator is appointed.
إذا انتهت مهمة المحكم في الحالات الواردة في المادة (التاسعة عشرة) من النظام عدا حالة انتهاء مهمة المحكم برده، فتوقف إجراءات التحكيم إلى أن يُعيَّن محكم بديل وفق
- Article 10
If the tribunal is to have a sole arbitrator and the parties do not agree on him, the competent court selects him at the request of whoever wants speedy action, within fifteen days of the request.
إذا كانت هيئة التحكيم مُشكلة من محكم واحدٍ ولم يتفق طرفا التحكيم على اختياره، توّلت المحكمةُ المُختصة اختياره بناءً على طلب من يهمه التعجيل، وذلك خلال خمسة عشر
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.