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The Arbitration Submission Agreement is utilized when parties decide to refer an existing dispute to arbitration, rather than having a pre-existing arbitration clause in their contract. This document is particularly crucial in the Saudi Arabian context, where arbitration must comply with both the Saudi Arbitration Law and Sharia principles. It's commonly used in commercial disputes where parties prefer arbitration's flexibility and confidentiality over court litigation. The agreement must include specific elements required by Saudi law, such as the explicit consent to arbitrate, detailed scope of the dispute, arbitrator appointment mechanism, and procedural rules. It's especially relevant for international businesses operating in Saudi Arabia, as it provides a framework for dispute resolution that can be recognized and enforced both domestically and internationally.

1. Parties: Identification and details of all parties to the arbitration agreement, including full legal names, addresses, and registration details if applicable

2. Background: Description of the underlying dispute or relationship between the parties, including reference to any existing contracts or circumstances giving rise to the dispute

3. Definitions: Key terms used throughout the agreement, ensuring clarity and consistent interpretation

4. Agreement to Arbitrate: Express agreement by the parties to submit their dispute to arbitration, with specific reference to compliance with Saudi Arbitration Law

5. Scope of Arbitration: Detailed description of the matters to be submitted to arbitration, including specific claims and counterclaims

6. Arbitration Tribunal: Composition of the arbitral tribunal, method of appointment, and qualifications of arbitrators (including Sharia compliance requirements)

7. Seat and Language: Specification of the seat of arbitration within Saudi Arabia and the language(s) to be used in proceedings

8. Governing Law: Specification of Saudi law as governing law and reference to Sharia principles

9. Arbitration Rules: Rules governing the arbitration proceedings, whether institutional or ad hoc

10. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and any related documents

11. Costs: Allocation of arbitration costs and legal fees between the parties

12. Final and Binding Award: Confirmation that the arbitral award will be final and binding on the parties