Construction and engineering disputes play a major role in Saudi arbitration. In 2025, these cases made up 47% of those registered with the Saudi Center for Commercial Arbitration (“SCCA”), making it the top sector.[1] This is because large projects often involve many parties, interrelated contracts, detailed technical records, and strict schedules. Arbitration works well for […]
Construction Delays and Arbitration: Concurrent Delay
Construction delay disputes are rarely straightforward. A project may finish months behind schedule, but that fact alone does not reveal which event caused the critical delay, which party bore the relevant risk, or what remedy should follow. The contractor may claim an extension of time and prolongation costs, while the employer seeks liquidated damages for […]
Jurisdiction Ratione Temporis: When Does Treaty Protection Apply?
An investment treaty does not confer jurisdiction over every dispute merely because arbitration is commenced while the treaty is in force. Jurisdiction ratione temporis in investment treaty arbitration determines whether the challenged State conduct and, where the treaty so provides, the dispute itself fall within the treaty’s temporal scope. Temporal issues commonly arise, for instance, […]
A FRANDly Forum? The Growing Role of Arbitration in SEP Disputes
Standard-essential patent (“SEP”) disputes expose a fundamental mismatch between territorial patent rights and global technology markets. Although patents are granted and enforced nationally, the standards they protect, and the products that implement those standards, operate across borders. A single licensing disagreement may therefore trigger parallel infringement, validity and fair, reasonable and non-discriminatory (“FRAND”) rate-setting proceedings […]
LSG Building Solutions v. Romania: Annulment Is Not an Appeal
On 18 February 2026, an ad hoc committee constituted under the ICSID Convention (the “Committee”) unanimously dismissed Romania’s application for annulment of the Award rendered in an arbitration brought by LSG Building Solutions GmbH and nine other claimants (the “Claimants”). Annulment is a limited form of review for specific fundamental defects. It is not an […]