Article 32 of the Saudi Arbitration Law

المادة 32 من نظام التحكيم · الباب الرابع: إجراءات التحكيم

The article allows each party to amend or supplement its requests or defenses during the proceedings, unless the tribunal decides not to accept this to avoid delaying the resolution of the dispute.

Official text (Arabic)

This article has not been amended since the law was issued.

لكل من طرفي التحكيم تعديل طلباته - أو أوجه دفاعه - أو استكمالها خلال إجراءات التحكيم، ما لم تقرر هيئة التحكيم عدم قبول ذلك منعاً لتعطيل الفصل في النزاع.

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 32 explained in plain English

This article gives the parties to arbitration flexibility in presenting their case, so that what is stated in the statement of claim or the statement of defense is not final and unchangeable.

What does the article allow?

Each party may amend its requests or defenses.
Each party may supplement its requests or defenses.
This is done during the arbitration proceedings.

The restriction: The arbitral tribunal may decide not to accept the amendment or supplement in order to avoid delaying the resolution of the dispute. The default is that it is permitted, and the exception is one the tribunal decides on for this reason stated in the article.

The article complements Article 31, which requires a copy of what one party submits to the arbitral tribunal in the way of memoranda or documents to be sent to the other party, so the amendment reaches the opponent for review. Article 33 also allows the tribunal to hold hearings for pleadings or to rely on written memoranda and documents, unless the parties agree otherwise.

Because the tribunal may reject what it considers delays the resolution of the dispute, a party who wants to add a request or amend its defense would do well to be mindful of the timing of submitting it. To assess this in a particular case, you can consult a lawyer who specializes in arbitration and commercial cases.

Practical example

A supplier in Dammam began arbitration claiming from a company the price of a shipment of goods, and then discovered during the proceedings that there were other unpaid invoices owed by the same company. The supplier may supplement its requests by adding these invoices, unless the arbitral tribunal decides not to accept this in order to avoid delaying the resolution of the dispute.

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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