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Arbitration or litigation? Choosing the right forum in Saudi Arabia

Commercial parties in the Kingdom increasingly write arbitration clauses into their contracts. Whether that is the right choice depends on three questions: how fast you need a decision, where the other party’s assets are, and how much confidentiality matters.

When arbitration wins

  • Confidentiality is a priority.

  • The dispute needs specialised technical expertise.

  • The counterparty is based outside Saudi Arabia.

When litigation wins

  • The amount in dispute is small compared with arbitration costs.

  • You need urgent interim measures.

  • You want a judgment that is directly enforceable.

A carefully drafted dispute-resolution clause saves both parties time and money later.