Most contracts are drafted for the handshake. The clauses that matter, though, are the ones read on the worst day — when the relationship has broken down and a tribunal is deciding what the parties actually agreed. Drafting for enforceability means writing for that day from the start.
Write for the forum that will read it
A dispute-resolution clause that names a seat, a set of rules, and a governing law is doing real work; one that is vague is an invitation to litigate the litigation. Decide early whether the matter belongs before the Saudi courts, the SCCA, or an international forum — and draft so the choice is unambiguous and consistent across the agreement.
Make obligations measurable
"Reasonable efforts" is where disputes live. Where an obligation matters, tie it to something testable: a date, a number, a deliverable, a defined standard. The clause that can be measured is the clause a tribunal can enforce without rewriting it.
Anticipate the break, not just the deal
- Termination and survival. Be explicit about what ends and what survives — confidentiality, indemnities, dispute resolution.
- Liability and carve-outs. Caps and exclusions are read narrowly when tested; say precisely what they cover.
- Evidence and notice. Require the records and notices that a later claim will depend on, so the proof exists before anyone needs it.
The point
Enforceability is not a polish applied at the end; it is a discipline applied throughout. The agreement that survives a Saudi dispute is the one written, clause by clause, for the moment it is challenged.