May 5, 2019

Ministerial Committee to Study Arbitration Cases against the Government

The Prime Minister issued Decree 1062 for 2019 to establish a ministerial committee to study the international arbitration cases against the Government and issue its advice in this respect.

The committee will include the Ministers of Investment, the Minister of Justice, the Head of the State Lawsuits Authority, Minister of Parliament Affairs and representatives of the Minister of Interior, Administrative Supervision Authority and the General Intelligence Authority.

The committee will be competent to:

  1. Opine on and advise the governmental entities in relation to all commercial or investment international arbitration cases initiated against them.
  2. Opine on the appropriateness of the defense strategy and the supporting documents and suggest modifications or amendments to improve the Government’s position in the case.
  3. Provide all kinds of legal support that the relevant governmental authority or its lawyers would need.
  4. Suggest the amicable settlement of the dispute when appropriate and attend negotiation cession with the counter parties and agree on the main parameters of settlement.

Governmental authorities and government-related entities are prohibited from taking any procedure in relation to any arbitration dispute without taking the advice of the committee.

The decision of the committee will be binding on the relevant governmental authority involved in the arbitration after being approved by the Cabinet of Minister.

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