INTRODUCTION

On 27 July 2025, the Saudi Center for Commercial Arbitration (“SCCA”) – i.e., the Kingdom’s largest institution for commercial arbitration and other Alternative Dispute Resolution (“ADR”) services – launched a new digital signature service. This service allows parties, arbitrators, and mediators to electronically sign arbitral awards and other ADR related documents without the need for paper originals or physical signatures.

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OVERVIEW OF THE SERVICE

The newly introduced digital signature service covers a wide range of arbitration and other ADR documents, including arbitral awards, procedural orders, meetings minutes, appointment instruments for arbitrators or mediators, and party agreements. With this service, digital signatures are now the standard practice for SCCA proceedings, unless parties explicitly agree otherwise or the nature of the document requires physical signature under applicable law.

The service is secured through a Public Key Infrastructure (“PKI”), which relies on digital certificates issued by Certification Service Providers (“CSPs”). These CSPs are licensed by the Digital Government Authority, and currently, around fifteen providers hold this license in Saudi Arabia. Each electronically signed document includes a certificate verifying the signatory’s identity, the issuing CSP, and a timestamp, ensuring the document remains secure and unchanged after signature.

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The service will be implemented in conjunction with Article 36 of the SCCA Arbitration Rules, which recognizes electronic signatures for arbitral awards. It further operates within the framework established by the Electronic Transactions Law issued by Royal Decree No. M/18 dated 27 March 2007 (the “Electronic Transactions Law”) – particularly Articles 5, 6, 8, 9, and 14 – which grant digital signatures and documents the same validity and enforceability as traditional paper-based documents. Additionally, the service aligns with Article 57 of the Law of Evidence issued by Royal Decree No. M/43 dated 30 December 2021, thereby ensuring that electronically signed arbitration documents carry full evidentiary weight under Saudi law.

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In addition, the service adheres to the ISO/IEC 27001 international standard and guidelines from the Saudi Data & AI Authority, ensuring robust security and reliability. It also follows international standards such as the UNCITRAL Model Law on Electronic Commerce (Article 7) and the UN Convention on Electronic Communications (2005). This alignment further facilitates the cross-border recognition and enforcement of SCCA arbitral awards, including under the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”).

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PRACTICAL IMPLICATIONS

• Efficiency: Parties can expect materially shorter turnaround times (estimated by the SCCA at 60–80%) between the drafting and final issuance of arbitral awards, procedural orders, and related documents, without giving up on legally valid and binding signatures.
• Global Reach: Parties, arbitrators, and counsel can securely sign arbitration documents electronically from any location globally, removing geographical and logistical barriers.
• Compliance: Organizations will benefit from simpler and faster internal approval and signing processes, reducing administrative burdens associated with traditional paper-based procedures.
• Cross-Border Certainty: Electronically signed SCCA arbitration awards will have greater international enforceability and New York Convention framework.

RECOMMENDED ACTIONS

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HOW WE CAN HELP

Our Dispute Resolution, Data Protection, and Cybersecurity teams can assist by:

• Reviewing and updating arbitration clauses and agreements to ensure compatibility with the new SCCA digital framework.
• Supporting internal audits to identify necessary adjustments to corporate signing authorities and policies.
• Providing tailored workshops to your team on the legal recognition and enforceability of digitally signed arbitration documents, and advising on best practices to leverage the existing ADR legal framework.
• Coordinating with licensed CSPs to facilitate your transition to digital signatures in full compliance with the applicable laws.

‍Disclaimer:

This bulletin is for information purposes only, and does not include, or purport to include, all provisions covered in Saudi Arabian Law. This is not a legal advice and it should not be relied upon in any way. The information contained in this bulletin is based on our understanding of Saudi Arabian Law as of the date of this bulletin. This bulletin is not intended to be construed as reflecting the views and motives of the Saudi Arabian state in relation to the subject matter thereof. Unless otherwise stated, all information contained in this document shall not be reproduced, in whole or in part, without the specific written permission of K&A. K&A makes no warranty, representation or undertaking whether expressed or implied, nor does it assume any legal liability, whether direct or indirect, or responsibility for the accuracy, completeness, or usefulness of any information that contain in the document. It is not the intention of the publication to be used or deemed as recommendation, option or advice (including legal advice) for any action(s) that may take place in future. Any viewer seeking to take any actions or make any decisions in relevance to the content of this summary is recommended to seek a legal advice from a legal consultant.