Middle East Operational Resilience | Shipping and transportation expansion, regulatory relief and the evolving role of force majeure in Saudi Arabia

Saudi Arabia is accelerating its transformation into a global logistics hub. The recent launch of five new international shipping services by the Saudi Ports Authority (Mawani), coupled with targeted regulatory exemptions for maritime operators, reflects a clear shift, building not only capacity, but also resilience against disruption.

What makes these developments particularly notable is their legal dimension. Alongside operational expansion, Saudi Arabia is shaping a more defined approach to force majeure, where regulatory action and judicial reasoning increasingly move in parallel.

New maritime services 

Mawani has introduced five new shipping services in collaboration with leading global carriers, including MSC, Maersk, CMA CGM and Hapag-Lloyd. 

These services are expected to:  

• add more than 63,000 TEUs of capacity, 
• expand connectivity between Saudi ports and international markets, 
• strengthen supply chain efficiency; and 
• reduce reliance on limited shipping routes. 

The objective seems clear, which is to position Saudi Arabia at the centre of global trade flows while ensuring continuity in an increasingly volatile shipping environment.

Land transportation services 

Transportation is an essential part of Vision 2030 as the sector includes freight trucks, logistics corridors and specialised transport services, often managed by commercial companies. The Transport General Authority is responsible for developing and regulating the sector.  

Furthermore, the Council of Ministers' Resolution on 2022 established the Road General Authority (RGA), which falls under the oversight of the Minister of Transport and Logistics Services. RGA is responsible for improving the Roads in KSA by setting the necessary regulations and ensuring compliance to the relevant regulations. 

As of February 28, 2026, Saudi Arabia implemented alternative supply chain delivery mechanisms via land transportation with Gulf and neighbouring countries, supporting cross‑border import and export activities.  

This objective positions Saudi Arabia as a logistics hub and the country is well prepared for this. Moreover, it is worth noting that MAWANI recently announced, in partnership with the Roads General Authority, Elm Company and ROSHN Group, the establishment of the Jeddah Islamic Port Truck Park. The project spans one million square meters and will have a daily capacity of up to 40,000 trucks, aiming to enhance truck flow efficiency and support the continuity of the supply chain. 

Regulatory relief: Managing disruption in light of the current situation  

In parallel, Saudi authorities have implemented temporary exemptions relating to maritime certificates for vessels affected by geopolitical developments. 
 
These measures include: 

• temporary suspension of certificate validity requirements, 
• applicability to both domestic and foreign vessels; and 
• continued compliance with safety and environmental standards. 

While operational in form, these exemptions signal something more significant. They reflect a recognition that disruption, whether geopolitical or regulatory, is no longer exceptional, but structural. 
 
From a legal standpoint, this begins to mirror the logic of force majeure, which is to say events beyond control and driven by external factors, require flexibility rather than strict enforcement. 

Force majeure in practice

Case No.1 

Background: A logistics provider sought payment of SAR 168,313.67 for storage and transport services. The defendant refused payment, relying on a judicial seizure and closure of the warehouse, arguing that the disruption caused delays and damage to goods. 
 
Judgment: The court adopted a precise approach. It ruled that the warehouse closure was a governmental act beyond the parties’ control. It fell within the contractual scope of force majeure; however, the claimant had performed its obligations before the disruption took effect. Any alleged damage, the court held, must be pursued separately and does not suspend payment obligations. 
 
Outcome: The defendant was ordered to pay the full amount. 

Case No.2 

Background: The claimant booked a confirmed domestic flight with Saudi Arabian Airlines. The flight was repeatedly delayed and ultimately cancelled multiple times without adequate alternatives. As a result, the claimant incurred additional costs for accommodation and transportation, and suffered physical and professional harm, leading him to claim SAR 1,000,000 in compensation. 
 
The airline argued that the disruptions were caused by severe dust storms amounting to force majeure, in compliance with safety regulations issued by the General Authority of Civil Aviation, and therefore no liability should arise. 
 
Judgment: The court accepted that the initial delays and cancellations were due to force majeure (adverse weather conditions). However, it found that the airline failed to properly fulfil its obligations after the weather conditions improved, particularly as other flights resumed while the claimant was not accommodated or assisted. 

The court concluded that the airline’s failure to act after the cessation of the force majeure constituted fault, establishing liability. 
 
Outcome: The court awarded the claimant SAR 6,000 as compensation for material and moral damages. The judgment was upheld on appeal.  

A clear message from the courts 

These decisions reflects a broader shift in how force majeure is being applied in Saudi Arabia: 

1. It protects against liability, but does not erase accrued rights, 
2. It recognises government action as a central trigger, 
3. It places decisive weight on the timing of performance; and 
4. It prevents disruption from being used to avoid clear payment obligations. 

In practical terms, force majeure can no longer be used as a blanket escape. It is a targeted legal tool, applied with discipline. 

Saudi courts, in consideration of the current regional situation, are taking a cautious and context-driven approach to force majeure, assessing whether recent geopolitical developments genuinely meet the thresholds of unpredictability and uncontrollability. 

They also require a clear and direct link between the present conditions and the inability to perform, avoiding broad reliance on the situation unless a concrete impact on contractual obligations is proven. It should be noted that KSA has offered its airports to neighbouring Gulf countries, allowing their carriers to operate as necessary. 

It should be noted that, under the Saudi Civil Transactions Law, in emergency circumstances, the parties may renegotiate the existing terms. However, such negotiations do not relieve any party from fulfilling its obligations under the agreement. Furthermore, if the parties fail to reach an agreement, the court may, after taking into account the relevant circumstances and the interests of both parties, reduce the onerous obligation to a reasonable level. 

Vision 2030: Infrastructure meets legal certainty 

These developments are closely aligned with Vision 2030. Saudi Arabia is not only investing in ports, routes and capacity, it is building a system where disruptions are anticipated and mitigated; and contractual certainty is preserved. 
 
The combination of expanded maritime, land transportation, air transportation services and adaptive regulation demonstrates a coordinated strategy to enable trade, even under pressure, without undermining legal predictability.  

Conclusion 

Saudi Arabia’s latest maritime initiatives highlight a maturing logistics ecosystem, one where infrastructure, regulation and legal interpretation operate in sync. 

The message to market participants is direct, in that external disruptions will be recognised, but they will not automatically rewrite contractual outcomes. 
 
Force majeure, as applied in the Saudi context, is evolving into a balanced doctrine, protecting parties from the unexpected, while holding them to what has already been performed and earned. 

Periods of regional uncertainty rarely create risk in isolation. We help organisations understand how different risks connect and what that means in practice, so decisions can be made with clarity and confidence. If you have questions about your Middle Eastern operations or would value support navigating the current environment, please reach out to your known Clyde & Co contact or using the button below.

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