Reem Mohammed Bajabaa Attorney & Legal Consultant

When drafting a contract, both parties often skim past the dispute resolution clause, only for it to become the first thing read when a disagreement arises. The choice between arbitration and the commercial court is not a stylistic preference: it affects duration, cost, confidentiality and enforceability. Here is a practical comparison to help you choose before you sign.

The commercial court

The competent judicial body for commercial disputes in the Kingdom, hearing claims under the Commercial Courts Law and its procedures.

Commercial arbitration

The parties’ agreement to submit the dispute to an arbitrator or arbitral tribunal instead of the courts, under the Saudi Arbitration Law and the rules of the chosen centre.

How do you choose?

Common mistakes in an arbitration clause

In short

There is no option that is always better; there is an option that fits the nature of the deal and its parties. More important than the choice itself is that the clause is written clearly, with no room for interpretation.

We help you choose and draft the dispute resolution clause as part of contract drafting and review, and manage the dispute itself through litigation and dispute management.

Have a contract with an arbitration clause?

Review the clause before signing — it cannot be amended once a dispute begins.

Start a consultation on WhatsApp

This article is general information, not legal advice, and always refer to the laws in force and the rules of the chosen centre.

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