The Adoption of Electronic Arbitration in Saudi Arabia: Analysing Challenges and Catalysts in the Context of COVID-19 – A Case Study of the SCCA and Comparison with ACICA

Commercial disputes are often resolved through arbitration, which offers efficiency and flexibility compared to court litigation. The advancement of digital technologies and the rise of electronic transactions have led to the emergence of electronic arbitration as a modern dispute-resolution method. This thesis examines the adoption of e-arbitration in Saudi Arabia, assessing its challenges and catalysts within the broader context of Saudi Vision 2030 and global trends in digital dispute resolution.This research addresses a critical gap in legal and academic literature by determining whether Saudi Arabia’s current arbitration framework can support the transition to fully electronic arbitration. While traditional arbitration functions effectively within the Kingdom, electronic arbitration remains underdeveloped, particularly in terms of legal recognition, procedural efficiency, and enforceability of arbitral awards. This study argues that, despite existing structural and cultural challenges including limited codification of Sharia principles, reliance on traditional mediation practices, and gaps in digital infrastructure, Saudi Arabia is making substantial progress toward adopting electronic arbitration. Catalysts such as the flexibility inherent in Sharia law, the legal reforms introduced under Vision 2030, and the pressures of the COVID-19 pandemic have accelerated this transition.Hence, for this study, a comparative legal analysis and a case-study approach is adopted focusing on the Saudi Centre for Commercial Arbitration (SCCA) and its electronic arbitration framework in comparison with the Australian Centre for International Commercial Arbitration (ACICA). It also reviews Saudi arbitration laws, international arbitration standards, and legal reforms, with particular attention given to the impact of the Arbitration Law 2012 (Saudi Arabia) on the development of electronic arbitration.Findings indicate that despite significant digital transformation efforts under Vision 2030, major obstacles persist, including insufficient codification of electronic arbitration procedures, the enforcement of electronic arbitral awards, and gaps in digital infrastructure. However, three key catalysts — COVID-19, regulatory advancements, and global best practices are driving reform efforts.The thesis proposes several recommendations for strengthening electronic arbitration in Saudi Arabia, including clearer legislative provisions, enhanced judicial training, and investment in secure digital platforms to improve efficiency. By drawing from the Australian model, the research offers reform suggestions that balance Sharia compliance with international arbitration standards.