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إعادة ارسال الرمز :

Alternative Methods for Resolving Real Estate Disputes Public courts face a significant influx of disputes related to real estate activities, with such cases exceeding 20% of the total cases filed in general courts. This situation urgently necessitates the exploration of effective alternative methods to prevent the emergence of these disputes and to limit their escalation to the courts once a real estate conflict arises. One of the most effective preventive measures is for governmental administrative bodies to establish standardized contracts for all real estate activities, which the contracting parties are required to adhere to. This includes residential or commercial lease agreements, building construction contracts, hotel management contracts, and property sale agreements ranging from raw land to residential buildings. To further limit the escalation of disputes to general courts, it is important to include an arbitration clause in these standardized contracts, directing disputes to a specialized real estate arbitration center. Given this, there is a pressing need to establish a specialized arbitration center for real estate activities, with jurisdiction over all claims related to standardized contracts issued by governmental bodies and real estate activities. Key measures and practices to enhance dispute resolution include: 🔹 Establishing dedicated committees within the arbitration center for each standardized contract, composed of experts in Shariah, legal, engineering, and real estate fields. 🔹 Ensuring that the center’s jurisdiction covers all contractual disputes related to real estate or building construction contracts, even those that would otherwise be filed in general courts, provided that the parties agree to arbitration. 🔹 Issuing clear and binding arbitration awards that are enforceable in execution courts unless appealed according to arbitration law. 🔹 Implementing pre-dispute conciliation procedures, allowing committees to clarify contract terms, mediate between parties, and resolve potential disputes before formal filing. 🔹 Coordinating with governmental bodies (Ministry of Housing, Ministry of Municipal and Rural Affairs, Ministry of Justice) and authorities such as the General Authority for Real Estate or Saudi Contractors Authority to issue standardized contracts and oversee the arbitration center. 🔹 Encouraging contracting parties to include arbitration clauses in their agreements, ensuring reliance on a center staffed with qualified legal, Shariah, technical, and engineering experts. 🔹 Reducing the burden on general courts, accelerating the resolution of disputes, and promoting confidence among parties that arbitration outcomes are fair, transparent, and enforceable.
"The establishment of standardized contracts and a specialized arbitration center for real estate activities can significantly reduce disputes, expedite their resolution, and enhance parties’ confidence in fair and enforceable outcomes."