Dispute Resolution
We help clients assess their options in a dispute against their commercial objectives and the available evidence. We identify the desired outcome, preserve documents and evidence, assess procedures and remedies, and prepare the client’s position for negotiation, mediation, arbitration or litigation.
Start with the outcome and the evidence
Dispute assessment begins before pleadings. We identify the commercial objective, the decisions that led to the conflict, the documents and witness evidence that establish the facts, the contractual and procedural requirements, and the remedies that matter in practice. We document these findings and the reasons for our recommendation so that management can make its decision.
Evidence preservation is part of the strategy. Relevant contracts, correspondence, approvals, system records, notices, financial material and technical evidence should be identified early, with clear responsibility for preserving integrity and access. Where technology or data is involved, the legal and technical teams need one coordinated protocol.
Litigation strategy before proceedings begin
We assess whether a claim can be brought and whether the forum, parties, notices, evidence, interim measures, remedies and enforcement procedures support the client’s objective. We consider those elements together and prepare the record of facts and documents on which the client can rely in negotiation and proceedings.
Our role may include early case assessment, claim and defence strategy, pre-action correspondence, evidence and chronology work, coordination with experts, settlement analysis, procedural preparation and management of the matter through the appropriate Saudi process, subject to the facts and required rights of audience.
Arbitration, mediation and other dispute resolution methods
Arbitration is a binding process in which an arbitrator decides the dispute, based on the parties’ agreement to arbitrate. In mediation, a mediator helps the parties reach a voluntary settlement. Negotiated settlement, expert determination and other procedures suited to the matter may also be appropriate. These methods differ in who makes the decision, how it is made, confidentiality, cost, duration and enforcement consequences.
We review the dispute clause, governing law, seat of arbitration, language, method for selecting an arbitrator or mediator, interim protection needs, evidence, enforceability and settlement opportunities before recommending a procedure. Our recommendation takes account of the client’s negotiating position and the potential for a settlement that serves its commercial interests.
Technology, IP and franchise disputes
Technology disputes can turn on acceptance criteria, service levels, access rights, data, the allocation of cybersecurity responsibilities, change control, ownership and exit. IP disputes may require analysis of the chain of rights, registration, use and technical evidence. Franchise disputes often connect disclosure, operating duties, brand controls, supply, performance, termination and post-termination obligations.
Assessing these matters requires an understanding of both the underlying transaction and the dispute. We connect advice on TMT, IP, franchise, commercial and corporate matters with the dispute assessment, while respecting the boundaries of each professional role.
Our work
We advise on early dispute assessment, litigation and defence strategy, domestic and international arbitration, mediation, negotiated settlement, contractual escalation procedures, expert coordination, evidence preservation, interim-protection strategy, enforcement planning and the resolution of commercial, corporate, technology, IP and franchise disputes.
Primary Saudi sources
- Commercial Courts Law — Bureau of Experts
- Evidence Law — Bureau of Experts
- Civil Transactions Law — Bureau of Experts
- Implementing Regulations of the Law of Arbitration — Bureau of Experts
- Enforcement Law — Bureau of Experts
Need to assess a dispute or your settlement options? Contact us
Frequently asked questions
When should dispute counsel become involved?
Before positions harden or evidence is lost. Early review can clarify contractual notice requirements, preserve records, test remedies and create a negotiation strategy without committing the client to proceedings.
Is arbitration the same as mediation?
No. An arbitrator decides the dispute under the agreed procedure; a mediator helps the parties explore a voluntary settlement. The contract, facts, desired outcome and enforceability considerations determine which route may be appropriate.
Can a dispute be resolved without filing a claim?
The first step may be structured negotiation, settlement discussions or mediation. Whether that is suitable depends on urgency, evidence, limitation and notice issues, the counterparty and the need for interim protection. Confidentiality and evidentiary protections for settlement discussions depend on the applicable rules and agreements.
What should an initial dispute assessment contain?
The decision-makers, chronology, documents, contract and dispute clause, claims and defences, evidence gaps, remedies, procedural options, cost and enforcement considerations, and the immediate actions required to protect the position.
Tell us about your matter.
A few sentences are enough. We aim to respond within one business day. Please leave out confidential details at this stage.