Introduction
Successful dispute resolution is a cornerstone of a robust legal environment, especially within the GCC region. In Saudi Arabia’s rapidly evolving commercial landscape, arbitration has become the preferred mechanism for resolving complex business disputes. However, the true efficacy of arbitration depends not only on rules and processes, but also on the critical role of experts and witnesses. Their participation can heavily shape the outcome of any proceedings, ensuring that facts are clarified, technicalities understood, and justice is ultimately served.
For UAE-based businesses, legal practitioners, and executives—especially those with cross-border links to the Saudi market—understanding the intricacies of expert and witness involvement is imperative. This is particularly significant given recent updates to arbitration regulations in Saudi Arabia, the increasing alignment with international best practices, and the UAE’s own 2018 Federal Arbitration Law and its updates for 2025 and beyond. These developments affect not only the mechanics of dispute resolution in the Kingdom, but also the risk management strategies of entities operating in or transacting with Saudi counterparts.
This article provides an in-depth analysis of the legal framework and practical realities surrounding experts and witnesses in Saudi arbitration. It delivers actionable insights tailored for businesses operating in the UAE, helping readers navigate procedural complexities, mitigate risks, and unlock optimal dispute outcomes. As regulations continue to evolve, leveraging expert testimony and managing witness participation will be a critical part of maintaining legal compliance and commercial resilience.
Table of Contents
- Legal Framework Governing Experts and Witnesses in Saudi Arbitration
- Procedures for Appointing and Challenging Experts and Witnesses
- Role and Responsibilities of Experts
- Types of Witnesses and Their Impact
- Case Studies and Hypothetical Scenarios
- UAE Perspective: Comparison with UAE Federal Arbitration Law
- Risks of Non-Compliance and Compliance Strategies
- Practical Guidance for UAE Businesses Engaged in Saudi Arbitration
- Conclusion and Forward Look
Legal Framework Governing Experts and Witnesses in Saudi Arbitration
Overview of Relevant Laws and Regulations
The Saudi Center for Commercial Arbitration (SCCA) Rules (particularly the 2023 SCCA Rules) and the Saudi Arbitration Law issued under Royal Decree M/34/1433H provide the core legal framework governing arbitration in the Kingdom. Both sets of regulations are heavily influenced by the UNCITRAL Model Law, reflecting a commitment to international best practice. In parallel, the SCCA’s procedural guidelines explicitly detail the roles, appointment, and responsibilities of experts and witnesses.
The key legal articles relevant to experts and witnesses include:
- Saudi Arbitration Law (SAL) Article 28: Recognizes party autonomy in appointing experts and allows arbitral tribunals to appoint them when necessary.
- SCCA Rules Articles 23-25: Stipulate the procedures for submission of evidence, appointment of experts, and rules of witness examination.
Key compliance takeaway: Parties should always verify that expert and witness appointments adhere to stipulated legal processes, as procedural irregularities are grounds for challenge and can affect enforcement in both Saudi Arabia and the UAE.
Recent Legal Developments
Recent updates have focused on expanding tribunal discretion, bolstering transparency, and enhancing procedural fairness around expert and witness participation. The alignment between Saudi and UAE arbitration laws means UAE-based entities can expect increasing harmonization, especially given the passage of the UAE’s Federal Arbitration Law No. 6 of 2018 and its expected amendments for 2025, which also codify standards for expert involvement and witness testimony.
Procedures for Appointing and Challenging Experts and Witnesses
Appointment of Experts
Expert appointment can be mutually agreed by the parties or, failing that, effected by the tribunal. The process generally proceeds as follows:
- Proposal and Agreement: Either party proposes an expert, and if there is agreement, the expert is appointed.
- Tribunal Appointment: If parties fail to agree, the tribunal has the authority to appoint an independent expert, drawing from the SCCA’s roster or from recognized professional bodies.
- Submission of Terms of Reference: The tribunal, together with the parties, defines the scope and terms of the expert’s mandate.
Challenging Experts and Witnesses
The law provides mechanisms for challenging an expert or witness if there exist legitimate doubts about their impartiality, independence, or competence. Grounds for challenge may include:
- A demonstrable conflict of interest
- Past working or financial relationships with a party
- Lack of requisite technical or professional qualifications
The tribunal is empowered to rule on the admissibility and weight of expert evidence, and any challenge must usually be raised at the earliest possible stage, supported by substantial evidence.
Comparison Table: Appointment and Challenge Procedures (Saudi vs. UAE Laws)
| Aspect | Saudi Arbitration Law (SAL) | UAE Federal Arbitration Law (No. 6/2018) |
|---|---|---|
| Expert Appointment | Tribunal-initiated or party-agreed; Terms of reference defined by parties/tribunal | Similar provisions; explicit emphasis on party autonomy and tribunal discretion |
| Challenge Grounds | Conflict of interest; lack of qualifications; bias | Conflict of interest; lack of independence; non-disclosure |
| Timing of Challenge | As soon as the reason is discovered | Strict timeframes (within 7 days of discovery or knowledge) |
Role and Responsibilities of Experts
Scope of Expert Involvement
Experts are entrusted with presenting their specialized knowledge on matters that are beyond the regular expertise of the tribunal or the parties. Their primary responsibilities include:
- Preparing comprehensive, impartial reports addressing technical, financial, engineering, or other specialized subjects
- Clarifying complex facts or processes for tribunal assessment
- Testifying and undergoing cross-examination during arbitration hearings
Their evidence may prove decisive, particularly where matters of valuation, international accounting standards, or proprietary technology are contested.
Expert Duties and Professional Standards
Experts must adhere to strict codes of objectivity and neutrality. The SCCA and UAE guidelines emphasize that experts:
- Owe a duty to the tribunal, not to the instructing party
- Must fully disclose any potential conflicts of interest
- Are required to answer questions clearly, respond to cross-examination, and provide clarifications as requested
Potential Challenges and Best Practices
Poorly drafted expert reports, inadequate disclosure, or partisan behavior can render an expert’s opinion inadmissible or subject to minimal evidentiary weight. To avoid these pitfalls, it is advised to:
- Retain experts early and ensure they are briefed on their duties
- Vet professional backgrounds and ensure strict adherence to ethical requirements
- Scrutinize draft reports for compliance with procedural requirements
Types of Witnesses and Their Impact
Categories of Witnesses
Saudi arbitration rules recognize two principal types of witnesses:
- Fact Witnesses: Individuals with direct personal knowledge of disputed events (e.g., project managers, executives)
- Expert Witnesses: Individuals who provide opinion evidence based on qualifications or expertise
Distinction between these roles is essential, as their credibility and the weight of their testimony are evaluated by different metrics.
Witness Preparation and Examination
Witnesses are subject to direct examination, cross-examination, and, if needed, re-examination, following guidelines found in SCCA Rule 23 and the relevant procedures under the Federal Arbitration Law No. 6/2018. They must clearly state the factual basis of their testimony and, for experts, distinguish between factual observation and expert opinion.
Written witness statements replace lengthy oral narratives in many proceedings, enhancing efficiency but also requiring careful drafting to avoid inconsistencies or omissions.
Table: Witness Types in Arbitration
| Type of Witness | Primary Function | Admissibility Standards |
|---|---|---|
| Fact Witness | Testifies to direct facts/events | Reliability, first-hand knowledge, cross-examination |
| Expert Witness | Provides technical/professional opinions | Qualifications, impartiality, clear connection to facts |
Case Studies and Hypothetical Scenarios
Case Study 1: Construction Dispute Involving Cross-Border Parties
Background: A UAE developer and a Saudi contractor encounter a dispute over construction delays and alleged defects. Both parties invoke the dispute resolution clause, referring the matter to SCCA-administered arbitration in Riyadh.
Role of Experts: Both sides appoint engineering experts to opine on cause of delay and defect responsibility. The tribunal also appoints an independent scheduling expert to reconcile competing conclusions.
Outcome: The party whose expert is thorough, credible, and unfettered by perceived conflicts has their opinion favored. Tribunal’s own expert’s findings prove pivotal in allocating liability.
Case Study 2: Financial Dispute over M&A Valuation
Background: Dispute arises between a Saudi investment fund and a UAE-based entity regarding the purchase price in an M&A transaction, with divergent expert valuations presented.
Expert Engagement: Tribunal reviews expert qualifications, backgrounds, and bases for opinion. A challenge is lodged based on non-disclosure of a prior business relationship with one party; the tribunal removes the compromised expert and appoints a replacement.
Lesson: Early, rigorous vetting of expert backgrounds is essential; transparency and full disclosure build tribunal confidence and mitigate procedural risk.
UAE Perspective: Comparison with UAE Federal Arbitration Law
Legal Convergence and Divergences
While Saudi and UAE arbitration processes are anchored in party autonomy and procedural fairness, some key distinctions remain. Noteworthy are the following areas:
- Disclosure Requirements: The UAE Federal Arbitration Law imposes more stringent disclosure requirements on both experts and witnesses than Saudi law, reflecting broader international norms.
- Tribunal Powers: Both legal frameworks allow the tribunal to independently summon and question witnesses, but the UAE law is more explicit about the processes and timeframes for challenges.
- Confidentiality Standards: Saudi procedures place a particular premium on confidentiality, especially for witnesses, reflecting privacy sensitivities in local practice.
Comparison Table: Key Procedural Differences (2024-2025 Updates)
| Feature | Saudi Arbitration Law (SCCA 2023) | UAE Federal Arbitration Law (Post-2025 Updates) |
|---|---|---|
| Expert Appointment | Tribunal or parties, plus party-appointed experts | Adds flexibility for multi-party and emergency appointments |
| Expert Duties | Impartiality, independence, full disclosure | Same, but with expanded mandatory disclosures |
| Witness Procedure | Written statements preferred but oral possible | Wider use of virtual hearings, statement templates |
| Challenge Mechanisms | Permitted, broad tribunal discretion | Strict statutory timeframes and structured process |
Risks of Non-Compliance and Compliance Strategies
Risks of Non-Compliance
Failure to adhere to proper procedures regarding experts and witnesses can jeopardize the enforceability of an arbitral award, give rise to costly delays, or even undermine the credibility of a claim. Common pitfalls include:
- Inadequate disclosure of conflict of interest by an expert or witness
- Lack of documented expertise or insufficient qualifications
- Breach of confidentiality protocols concerning witness statements
In the UAE, as with Saudi Arabia, non-compliance may result in adverse inferences, the exclusion of key evidence, or—worst of all—annulment of an award as per grounds found in Article 53 of Federal Arbitration Law No. 6/2018.
Compliance Checklist: Managing Experts and Witnesses
| Compliance Strategy | Best Practice |
|---|---|
| Engagement | Retain independent, reputable experts early |
| Disclosure | Thoroughly vet for and disclose all conflicts of interest, in line with both SCCA and UAE requirements |
| Report Preparation | Ensure clarity, transparency, and factual basis throughout expert and witness reports |
| Procedural Adherence | Follow all deadlines and filing protocols for submissions, including challenges |
Practical Guidance for UAE Businesses Engaged in Saudi Arbitration
Integrating Experts and Witnesses into Arbitration Strategy
For UAE-based businesses with exposure to Saudi arbitration, a well-considered approach to expert and witness selection can mean the difference between success and failure in high-value disputes. Key recommendations include:
- Engage experts with demonstrated regional experience and language fluency.
- Provide full and accurate briefing materials to avoid inconsistencies in testimony.
- Anticipate and prepare for challenges—ensure transparency and address professional history in advance.
Process Flow Diagram Suggestion
Suggested placement: Visual diagram illustrating the expert appointment and challenge process, starting from proposal to tribunal decision and replacement (if necessary). This aids in navigating the critical stages and decision points.
Professional Recommendations
- Retain experienced legal counsel with specialized knowledge of both Saudi and UAE arbitration procedures.
- Develop robust internal policies for managing and instructing experts and preparing witnesses in line with both legal systems.
- Ensure ongoing monitoring of regulatory changes affecting cross-border arbitration practices.
Conclusion and Forward Look
The effective deployment of experts and witnesses is both a procedural necessity and a strategic lever for parties to Saudi arbitration—and for their UAE-based advisors and corporate leadership. With increasing cross-jurisdictional transactions and stricter regulatory harmonization between Saudi and UAE legal systems, attention to detail in selecting, instructing, and managing experts and witnesses is indispensable.
Looking forward, as arbitration frameworks continue to evolve and best practice standards rise, those organizations that proactively integrate compliance protocols and robust expert management will not only mitigate exposure but also strengthen their position in the regional and global commercial arena. Vigilance in legal compliance, combined with a commitment to procedural fairness, will remain essential pillars for businesses seeking reliable recourse through Saudi arbitration in the years ahead.
Best practice advisory: Regularly review engagement policies, invest in ongoing legal education for key staff, and partner with experienced arbitration counsel to stay ahead of evolving requirements and regulatory expectations.