Engineering Arbitration in the Saudi Legal System: An Analytical Study of the Legal Nature and Dispute Resolution Mechanisms

Abstract

Despite the rapid expansion of mega engineering and construction projects, engineering arbitration continues to face regulatory challenges due to the absence of independent, specialized legislation that addresses its complex technical and contractual nature. This research aims to analyze the legal nature of engineering arbitration within the Saudi legal system and evaluate the adequacy of the current regulatory framework (the 2012 Arbitration Law) in accommodating the unique specificities of these disputes and resolving them efficiently. Adopting a doctrinal, descriptive-analytical methodology, the study examines national statutory texts, evaluating them against relevant international rules and contracts as a benchmark. The study reveals that a procedural overlap and a clear gap exist between strictly legal qualifications and the practical technical requirements of engineering, thereby impacting the efficiency of dispute resolution. Ultimately, the research concludes that engineering arbitration in the Kingdom is currently administered without a dedicated legislative mechanism; thus, the existing framework necessitates the development of a specialized system for qualifying engineering arbitrators and institutionalizing multi-tiered dispute resolution procedures aligned with standard international contracts, such as FIDIC, to bolster foreign investment attractiveness.