The Council of Ministers,
after perusal, in its session held under the chairmanship of the Custodian of the Two Holy Mosques, King Salman bin Abdulaziz Al-Saud, of File 77281 received from the Royal Court dated 24 Shawwal 1446 [22 April 2025], which includes the Minister of Justice Telegram 456760739 dated 1 Sha’ban 1445 [11 February 2024], regarding the study of the proposed amendments to the Notarization Law, the Advocacy Law, and the Arbitration Law, in light of the Civil Transactions Law,
after perusal of the Advocacy Law issued by Royal Decree D/38 dated 28 Rajab 1422 [15 October 2001],
after perusal of the Arbitration Law issued by Royal Decree D/34 dated 24 Jumada Al-Awwal 1433 [16 April 2012],
after perusal of the Notarization Law issued by Royal Decree D/164 dated 19 Dhu Al-Qa’dah 1441 [10 July 2020],
after perusal of the Civil Transactions Law issued by Royal Decree D/191 dated 29 Dhu Al-Qa’dah 1444 [18 June 2023],
after perusal of Bureau of Experts at the Council of Ministers Memorandum 3668 dated 21 Shawwal 1445 [30 April 2024], Memorandum 2702 dated 5 Sha’ban 1446 [4 February 2025], and Memorandum 3804 dated 20 Dhu Al-Qa’dah 1446 [18 May 2025],
after considering Shura Council Decision 241/22 dated 16 Shawwal 1446 [14 April 2025],
and after perusal of General Committee of the Council of Ministers Recommendation 12221 dated 22 Dhu Al-Hijja 1446 [18 June 2025],
hereby decides
First
The Notarization Law issued by Royal Decree D/164 dated 19 Dhu Al-Qa’dah 1441 [10 July 2020] is hereby amended as follows:
1․ Article 11(6) is amended to read as follows:
6․ Division of common property—including real estate—if they are undisputed, a waqf or will share, a person who does not have capacity or lacks it, or an absentee.
2․ Article 12 is amended to read as follows:
The public notary does not have the mandate to notarize any declaration or contract in which one of the parties does not have capacity or lacks it, is absent, or is an administrator of a waqf or will, except in the following cases:
1․ Acceptance of a gift.
2․ The dispositions of a father regarding the property of his son who does not have capacity or lacks it.
3․ The declaration by a seller of the sale to a testator who does not have capacity or lacks it and his receipt of the price before the death of the testator.
4․ Real estate expropriated for public benefit unless the replacement is real estate.
5․ A lease contract whose duration does not require permission from the competent court.
3․ Article 38 is amended to read as follows:
The duration of a power of attorney is five years from the date of its issuance, unless it is terminated, or one of its parties dies or loses his capacity before the expiry of this period, or if the principal determines its duration to be less than that period.
4․ Article 40(2) is amended to read as follows:
When preparing contract templates, the right of the contracting parties to add any condition or agreement must be taken into account, unless it violates the legal provisions.
Second
The Arbitration Law issued by Royal Decree D/34 dated 24 Jumada Al-Awwal 1433 [16 April 2012] is hereby amended as follows:
1․ Article 10(1) is amended to read as follows:
1․ An agreement to arbitrate is not valid except for those who have the capacity to act, whether they are a natural person or a legal person.
2․ Article 50(1)(b) is amended to read as follows:
(b) If one of the parties to the arbitration agreement at the time of its signing does not have capacity or lacks it, in accordance with the law governing his capacity.
Third
The Advocacy Law issued by Royal Decree D/38 dated 28 Rajab 1422 [15 October 2001] is hereby amended as follows:
1․ Article 18 is amended to read as follows:
Advocates registered in the roll of practitioners, and no others, have the right to plead on behalf of others before the courts, the Board of Grievances, or the committees referred to in article 1 of this law. As an exception to this, the following are permitted to plead on behalf of others:
(a) The spouse or in-law of a person, or his relative to the fourth degree.
(b) The legal representative of a legal person.
(c) The guardian, the custodian, and the administrator of a waqf in the cases of guardianship and administration of the waqf that they undertake.
(d) An officer of the Bait Al-Mal in matters within his mandate as stipulated by law.
2․ Article 26 is amended to read as follows:
The fees of an advocate and the method of payment must be determined by an agreement signed with his client. If there is no agreement or if the agreement is invalid, terminated, or rescinded, the court that considered the case shall determine it when they disagree at the request of the lawyer or the client in proportion to the effort made by the lawyer and the benefit that accrued to the client.
This provision also applies if any sub-lawsuit arises from the original lawsuit.
A draft royal decree has been prepared in the form attached.
Salman bin Abdulaziz Al-Saud
Issued on: 20 Muharram 1447
Corresponding to: 15 July 2025
Published in Umm Al-Qura 5099 issued on 1 August 2025.