Litigation and Enforcement in Saudi Arabia Overview

Litigation and enforcement in Saudi Arabia: overview, Practical Law Country Q&A...
Litigation and enforcement in Saudi Arabia: overview

by Mohammad Al-Mehdar, Hammad & Al-Mehdar
Country Q&A | Law stated as at 01-May-2019 | Saudi Arabia
A Q&A guide to dispute resolution law in Saudi Arabia.
The country-specific Q&A gives a structured overview of the key practical issues concerning dispute resolution
in this jurisdiction, including court procedures; fees and funding; interim remedies (including attachment orders);
disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform
proposals.
To compare answers across multiple jurisdictions visit the Litigation and enforcement Country Q&A tool.
This Q&A is part of the global guide to dispute resolution. For a full list of jurisdictional Q&As visit
global.practicallaw.com/dispute-guide.
Main dispute resolution methods
1. What are the main dispute resolution methods used in your jurisdiction to resolve large commercial disputes?
Methods of dispute resolution are divided into "in court" (litigation) and "out of court" (arbitration or mediation).
Litigation is inquisitorial and the judge will request the claimant to proceed with evidence or proof based on its claim, and then
hear the defendant's evidence to the contrary. A judge decides the outcome (rather than a jury).
Evidence must include the following:
• Written evidence, such as documents and contracts.
• Oral evidence, such as witnesses.
• Expert evidence, such as auditors or financial accountants.
Court litigation
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Limitation periods
2. What limitation periods apply to bringing a claim and what triggers a limitation period?
Saudi Arabia implements sharia law, which does not have time limits for raising a claim. Therefore, the right to file a claim in
a particular jurisdiction may be overruled, however, the right to the claim itself can proceed in a different court.
For example, promissory notes will not be treated as commercial papers if the beneficiary does not file a claim within three years.
Therefore, it could not be pursued in the enforcement court, however, it could be pursued in the general court or the superior
court (depending on the amount of the claim) and the promissory note would be treated as a loan (not an execution) document.
The following have important limitation periods:
• Commercial papers. This includes cheques, which can only be considered an execution instrument if a claim is
pursued within six months of issue. Both promissory notes and bills of exchange must be pursued within three years
for them to be considered an execution document (Article 53, Commercial Paper law issued by Royal Decree 37 dated
11/10/1383H) (Commercial Paper Law)).
• Labour disputes. These must be filed one year after the claimant became aware of the claim. For example, if an
employee does not receive their salary, they must claim for it within a year or lose the right to dispute it in front of the
labour courts.
• Claims against managers. The right to file claims against managers will expire five years from the fiscal year in
which the negligence occurred, or three years after the manger stopped working at the company, whichever is later
(Article 165/4, Royal Decree M/3 dated 28/01/1437H (Companies Law)).
Court structure
3. What is the structure of the court where large commercial disputes are usually brought? Are certain types of
dispute allocated to particular divisions of this court?
Saudi Arabia has the following courts:
• Supreme Court.

• Courts of appeal.
• First degree courts.
Commercial disputes are typically brought as claims in the commercial courts. The commercial court regulations set out which
claims can be considered commercial claims and which are eligible to be brought before the court. Claims must be:
• Commercial in nature or committed by a person considered to be a merchant. "Commercial in nature" includes all:
• Purchases of goods for the purpose of sale as is, or sale after manufacture;
• Contracts or promises to import items or work that is transferred by land, air, or sea, or relates to stores or
commercial offices; and
• Work or contracts relating to sea vessels.
• A "merchant" is any person who works in a commercial industry and considers it a career.
The commercial courts also consider banking and intellectual property (IP) disputes. Saudi Arabia is a member of the World
Intellectual Property Organization (WIPO), which means that any IP that is protected under the WIPO is also protected in
Saudi Arabia.
Disputes about IP rights are heard in various forums, depending on the nature of the right in dispute, for example:
• Copyright disputes are brought in the Ministry of Media, where they are overseen by the Copyright Protection
Committee.
• Trade mark claims are brought in the Ministry of Commerce, where they are overseen by the Trademarks Committee of
Grievances and Objection.
• Patent claims are brought in King Abdulaziz City for Science and Technology (KACST) and investigated by the
Patents Claims Committee.
Rights of audience
4. Which types of lawyers have rights of audience to conduct cases in courts where large commercial disputes
are usually brought? What requirements must they meet? Can foreign lawyers conduct cases in these courts?
Rights of audience/requirements
The Civil Procedure Law sets out the regulations required by lawyers to obtain a licence to practice legal services. The
requirements for obtaining the licence are:

• The applicant must be Saudi.
• The applicant must secure a college degree in legal studies or Islamic studies.
• The applicant must have three years' experience practising law after obtaining a bachelor's degree, or one year's
experience after a master's degree. If the applicant holds a doctorate, no practical experience is necessary.
• The applicant must be of good moral standing and have never been convicted of a crime.
Since the Civil Procedure Law does not discuss rights of audience, anyone can request a person to represent them as long as
they sign a Power of Attorney (Wakalah).
A lawyer must obtain a licence to advocate on another person's behalf, or work under the supervision of a licensed lawyer.
The Civil Procedure Law restricts foreign lawyers from conducting civil procedures, so a foreign lawyer will have no right of
audience unless they are the claimant.
Foreign lawyers
Foreign lawyers cannot apply for a licence. However, they can provide legal services as a consultant or an advisor.
Fees and funding
5. What legal fee structures can be used? Are fees fixed by law?
The government of Saudi Arabia sets no fees for court proceedings. Costs are paid to the appointed lawyers and solely funded
by the parties to the action. For litigation costs, see Question 19.
It is customary for the winning party to ask the court to make the other party pay for their attorneys' fees. The court typically
makes an order for the specified amount. However, there are no fixed prices and costs differ from one case to another.
It is common for law firms in Saudi Arabia to provide set fees and for payment to be made in three parts. The first 30% is paid
at the beginning of the trial, the second 30% during the trial and the last payment is made after the court issues the decision.
Contingency fees are rare.
Where the client refuses to abide by the contract and does not pay the fees, the court will appoint an expert from the Saudi Bar
Association to file a report and will grant the claimants an injunction based on it.

6. How is litigation usually funded? Can third parties fund it? Is insurance available for litigation costs?
Funding
Due to the fact that there are no court fees, all costs are borne solely by the parties.
Insurance
Insurance is relatively new to Saudi Arabia's legal system, therefore it is not common. However, it has not been developed to
the extent that it can cover litigation costs. There are no rules or regulations against insuring legal costs, so it will depend on
the parties to the contract (the insurance company and the contractor).
Court proceedings
Confidentiality
7. Are court proceedings confidential or public? If public, are the proceedings or any information kept
confidential in certain circumstances?
Hearings are conducted in open court unless the judge, on its own motion, or the motion of one of the parties, rules that it will
be held in a closed session to maintain order, observe public morality or protect the privacy of the family (Article 64, Civil
Procedure Law).
Precedents that are published and available to the public, in which the facts of the case are included, will have the names of
people and entities removed.
Pre-action conduct
8. Does the court impose any rules on the parties in relation to pre-action conduct? If yes, are there penalties
for failing to comply?
There is no pre-trial preparation, such as disclosure of evidence. All actions commence after the claim has been filed.

If a party fails to comply before a claim is a filed, it will delay the court hearing.
A court action is commenced by filing a claim. Saudi Arabia has developed rapidly in the past few years and a case can now
be filed through the Ministry of Justice website (www.moj.gov.sa ). However, not all courts accept this method. Commercial
courts will accept electronic versions of a claim, but some exceptions apply and if a particular document must be presented,
a court can specify that it must be provided physically.
Once the claim is filed, the court will issue a hearing date and a subpoena will be issued to the defendant. If the court delivers
the subpoena, it can use:
• A court clerk. The clerk who issued the subpoena will hand deliver it to the defendant and supply a report to the judge
confirming delivery.
• An electronic subpoena. This is a new system implemented by the Ministry of Justice to send subpoenas to the
defendant's registered mobile phone or email address. A report must be made to the judge.
Alternatively, the claimant can deliver the subpoena itself but this requires the co-operation of the defendant. A claimant will
request the subpoena from the court clerk, give the defendant a copy and ask them to sign the other copy for it to be delivered
it to the judge. If this fails, other governmental officials can deliver the subpoena and make a report on whether it was accepted
or refused by the defendant.
The date of the first court session will depend on how the subpoena was served, and can lead to re-notifying the defendant of
the court date for the second hearing. If the defendant attended the court hearing or session, the trial will begin.
Main stages
9. What are the main stages of typical court proceedings?
Starting proceedings
Court proceedings begin as soon as the claimant files the claim and the judge accepts it.
A subpoena is issued and delivered to the defendant stating the date and time of the court session. The defendant must attend
court and if (s)he does not, the judge has the sole discretion to continue with the case as if the defendant had attended. The court
can send another notice using a different method to make sure that the defendant had a legal reason for not attending the court
date. If the second court notice was delivered and the defendant does not attend, the judge can commence the case.
In commercial courts, the duration of the first scheduled hearing can take weeks to months once the claim has been filed and
accepted by the court judge. The time between two court sessions must take no longer than two weeks. In urgent cases, there
must be no longer than a week between each court session.

Notice to the defendant and defence
See Question 8.
Subsequent stages
The claimant and defendant exchange the statements of claim and the statement of defence. The judge will raise inquiries to
each party and they must answer them in writing or verbally at the hearing and present any supporting evidence in the same
hearing or the following hearing. Once the judge is satisfied with the evidence and information presented, and the two parties
declare that they have no more to present, (s)he will proceed to make a decision and set a date for delivering it.
The judge can request answers to questions at the hearing and can give the parties time to respond in writing.
Before raising the case to study and issuing the judgment, the judge will request any other representations from the parties. If
there are none, the case is reserved for judgment.
Interim remedies
10. What actions can a party bring for a case to be dismissed before a full trial? On what grounds must such a
claim be brought? What is the applicable procedure?
Interim remedies do not exist in Saudi Arabia's legal system. Urgent matters are similar and addressed in Question 12.
A trial will commence once the claim has been filed. However, the defendant may not accept the subpoena if not delivered
within the rules. For example, if delivery of the subpoena was made at the weekend or in the evening of a weekday, this can
lead to another subpoena being issued and delivered.
A party can ask for the case to be dismissed at the first hearing if the dispute was brought in the wrong court or if the parties
agree to resolve the dispute through arbitration. However, if a dismissal is not requested at the first hearing and the claim is
argued, this precludes requesting a dismissal at a later stage.
11. Can a defendant apply for an order for the claimant to provide security for its costs? If yes, on what grounds?
The defendant can request attorneys' fees and the court will include them in the final decision.

12. What are the rules concerning interim injunctions granted before a full trial?
Availability and grounds
The court with jurisdiction to consider the matter will provisionally consider the case on its merits in urgent matters related
to the case where the passage of time may have an adverse effect (Article 205, Civil Procedure Law). This decision will not
affect the merits of the case, regardless of whether the motion for a provisional action was made independently or as part of
the original case.
Urgent matters can be filed before the full trial of the disputed matter or, if the court has already reviewed the disputed matter,
an individual can apply later.
The request can be filed verbally or in a document along with the original claim or at any stage of the trial. The court has full
discretion to accept or decline the urgent request.
Summary cases can include the following matters (Article 206, Law of Civil Procedure):
• Inspections to establish a condition.
• Injunctions banning travel.
• Injunctions banning interference with possession and recovery of possession.
• Suspension of new actions.
• Requests for receivership.
• Cases relating to daily wages.
• Other cases deemed urgent by law.
Prior notice/same-day
The can make the decision on the same day, however, it is not common for this to happen. The defendant will be notified of
the decision, but prior notice is not required to make the decision.
Mandatory injunctions
Interim remedies, such as interim injunctions, are not available in Saudi Arabia.
Right to vary or discharge order and appeals

All judgments will be deemed final if they are not appealed within 30 days. The Review Panel of the Board of Grievances hears
appeals for commercial claims. The grounds for appeal include:
• Violation of sharia law or mandatory statutory rules.
• Fraud.
• Findings made based on insufficient evidence.
13. What are the rules relating to interim attachment orders to preserve assets pending judgment or a final order
(or equivalent)?
Availability and grounds
Interim remedies are not available in Saudi Arabia, but it is possible for a claimant to apply for an attachment order, which is
analogous to a freezing injunction, to preserve an asset belonging to the defendant, while proceedings are ongoing. Specific
performance is not available as a remedy under Saudi law.
The grounds for granting an attachment order include satisfying the court that the defendant may dispose of the asset in question
if the order is not issued. This can be difficult in practice because the court will request substantial evidence (and possibly
witness testimony) confirming that the defendant intends to dispose of the asset, and the defendant may not have the means to
comply with the court's decision if it is issued in favour of the claimant.
Prior notice/same-day
Attachment orders can be obtained without prior notice to the defendant and on the same day of the hearing. The courts will
rarely accept a request for an attachment order that is not submitted on the date of a scheduled hearing. The court will issue the
order and circulate it to the relevant authorities to freeze the asset in question, but the claimant must follow up with the relevant
authorities to ensure they have complied with the court's orders on time.
Main proceedings
Attachment orders cannot be granted in support of substantive proceedings that are taking place in the courts in another country,
unless the request comes through the Saudi Ministry of Foreign Affairs directly from the government of the other country.
Preferential right or lien
If the seized asset is the asset in dispute (for example, property, a vehicle or shares in a company), the claimant has a preferential
right over it against other creditors. The claimant will not have a preferential right over funds held in the defendant's bank
account.
Damages as a result

The courts will be liable for direct damages suffered as a result of the attachment. However, if the claimant causes damage to
a seized asset that is in the claimant's possession at the time of the damage, the claimant is liable for that damage.
Security
The court can request, as part of an attachment order, that the claimant must provide security of equal value and submit it to the
court. This is typically required when requesting the freezing of bank accounts or holding company shares or stocks. However,
when issuing an attachment order to prevent the defendant from disposing of real estate, the court will frequently issue the
attachment order without requiring security if it is satisfied that by not issuing the order the defendant could dispose of the
property before a final decision is issued.
14. Are any other interim remedies commonly available and obtained?
There are no other interim remedies commonly available and obtained.
Final remedies
15.What remedies are available at the full trial stage? Are damages only compensatory or can they also be
punitive?
The standard of proof for damages is that of absolute certainty. So, for example, the courts will consider the last fact and the
last certainty presented to it by the claimant, which must be then proved to the contrary by the defendant.
Remedies can differ from one case to another but the standard remedies include:
• Specific performance.
• Compensation.
• Attorneys' fees.
Courts typically grant only what the claimant has requested in the final statement of claim. However, the court has full discretion
over the remedy and can grant, for example, specific performance, even where compensation is requested. Claimants can ask
for compensation for wasted time but it is not common to compensate for lost profit.

It is very rare for the court in a civil case to issue a decision to punish one of the parties. However, if it were proved to the
court that the claim was filed to cause harm to the defendant, the court will award compensation to the defendant to punish
the claimant.
Evidence
Disclosure
16. What documents must the parties disclose to the other parties and/or the court? Are there any detailed rules
governing this procedure?
Disclosure of evidence begins at the first court session, during which the claimant states its claim and hands over a copy of it
to the defendant, along with a copy for the court.
It is not usual practice for the claimant and defendant to exchange evidence before trial. Since there are no laws or regulations
opposing this, it will not be considered an illegal act to disclose evidence.
Courts can request any documents, either on their own motion or on request from one of the parties. However, if the document
does not benefit the case, the court can refuse to request it.
Whenever the court requests review of a document or piece of evidence and asks for it to be presented to court, it must be
presented in the following court session. The commercial courts hold a session for the case every two weeks (and in urgent
cases, every week). Therefore, if the party has not disclosed the document by the following session, the court has full discretion
over the outcome (depending on the evidence) and its effectiveness on the case.
The parties can present legal reasoning on refusal to disclose the document or evidence, and it will be the court's decision to
accept or deny it. There are usually no penalties for not disclosing evidence except that it will weaken the party's point of view,
which can lead to losing the case.
Privileged documents
17. Are any documents privileged? If privilege is not recognised, are there any other rules allowing a party not
to disclose a document?
Privileged documents

In Saudi Arabia, the principle of privilege and being "without prejudice" do not exist in the same way as in other jurisdictions. In
disputes, a party is allowed submit any document that supports its claim. Even private communications can be used if provided
by one of the parties. While lawyers are bound by confidentiality obligations under the Advocates Law, from a sharia standpoint,
they are required to disclose the confidential information if non-disclosure constitutes a violation of principles.
Court doctrine dictates that any evidence presented must be seen as a whole and it will not accept only part of a communication.
The other party can request that the court presents the whole communication if it was only shown parts that were beneficial
to the party who presented it.
In general, every document and piece of evidence can be disclosed during the hearing sessions in first instance court.
In the appeal, the appellant must submit an appeal list, that includes any responses to the judgment, new evidence and other
evidence. If the Court of Appeal decides to deal with the case itself, it will set a hearing and bring the parties before it.
If a party wishes to present new evidence, it must apply for reconsideration of the case, which will be presented as a new case.
Examination of witnesses
18. Do witnesses of fact give oral evidence or do they only submit written evidence? Is there a right to cross-
examine witnesses of fact?
Oral evidence
Witnesses are a strong way to present evidence in a courtroom because they come after documents (such as formal government
documents or less formal documents, such as simple contracts between the parties).
Typically, a threshold of two witnesses per case will suffice, and for each witness there must be someone who will testify to
their good moral standing so they will be eligible to give their oral testimony.
A litigant who, during proceedings, requests proof through witness testimony, will state in writing or orally during the hearing
the facts it wants to prove. If the court determines that the facts are admissible under the provisions of Article 101 of the Civil
Procedure Law, it will decide to hear the witnesses, schedule a hearing for this purpose and ask the litigant to bring the witnesses
to court.
If a witness has an excuse for not appearing to testify, the judge will proceed to their place of residence to hear the testimony,
or the court can assign another judge to do it. If the witness resides outside the jurisdiction of the court, it must delegate the
court of its place of residence to hear the testimony.
The testimony of each witness is heard individually in the presence of the litigants but not in the presence of other witnesses
whose testimony had not been heard. Testimony is given orally. The use of written notes during testimony is permitted only
with the approval from the judge, provided it is justified by the nature of the case.

Right to cross-examine
Since the court system is inquisitorial, the court will examine and then cross-examine witnesses at the trial stage. The other
party can request that the judge cross-examine any evidence or witness and each party has the right to request the court to cross-
examine the evidence provided.
Third party experts
19. What are the rules in relation to third-party experts?
Appointment procedure
Parties can agree on a specific expert to be appointed and the court can accept or deny it. If the parties do not agree on appointing
an expert, the court will appoint one.
Role of experts
The court can appoint an expert to provide an oral opinion in a hearing, in which case, the opinion will be entered into the record.
Right of reply
There is a right to cross-examine and criticise the expert's opinion, but conversely, the judge can fully take on board the expert's
opinion.
Fees
When there is a decision to appoint an expert, the court will determine:
• The tasks required from the expert.
• The date for filing the expert's report.
• The date of the court session on which the report will be presented.
• Which of the parties will endure the costs of the expert.
• The time period during which the party must deposit the expenses for the expert.
The court can order both parties to deposit an amount to cover the expenses of the appointed expert. The parties must agree,
along with the expert, on the value of the expenses. If they do not agree, the court will determine the expenses based on the:

• Expertise needed and how rare the field is.
• Expenses borne to get the task done.
• Nature of the commercial dispute.
• Time taken.
• Level of similar expert's expenses.
• Level of similar expenses in the same profession.
Appeals
20. What are the rules concerning appeals of first instance judgments in large commercial disputes?
Which courts
All judgments rendered by first instance courts are appealable, except for judgments in petty cases determined by the Supreme
Judicial Council.
Grounds for appeal
If the verdict was made against a party, that party has the right to file an appeal.
There is always a right to appeal, as long as the appeal is filed within the prescribed time limit for the first instance decision.
Time limit
The period for filing an appeal or a petition for revision is 30 days, except for judgments rendered in summary cases, which is
ten days. If an appellant fails to submit an appeal within these periods, the right to appeal or to file a petition for revision will
be forfeited and the competent court will record it on the case record once the objection period has expired.
Class actions
21. Are there any mechanisms available for collective redress or class actions?

Class actions are not common in Saudi legal proceedings. However, in November 2017, the Capital Market Authority issued
amended laws published by Royal Decree No. (M/30) dated 2/6/1424 H, which included a chapter on class actions.
The purpose of class actions is to facilitate litigation in cases where the claimant is a large group of persons, all of whom
share the same legal issues and facts, as appropriate to the nature of the listed company and its shareholders. The amendment
also aims to develop litigation mechanisms and procedures in line with international best practices. All class actions raised by
claimants are solely funded by them.
Costs
22. Does the unsuccessful party have to pay the successful party's costs and how does the court usually calculate
any costs award? What factors does the court consider when awarding costs?
Local court and legal proceedings are cost free. If the successful party requested payment for attorneys' fees during proceedings,
the judge will consider the request and can either accept or reject it. If accepted, the judge will include the request in the final
decision and it will be calculated according to market rate. If the request is rejected, the successful party can file a separate
case requesting attorneys' fees.
23. Is interest awarded on costs? If yes, how is it calculated?
No interest is awarded on costs, except for cases heard by the banking disputes committee. Interest is not a concept accepted
under sharia law.
Enforcement of a local judgment
24. What are the procedures to enforce a local judgment in the local courts?
The Enforcement Court will enforce all court decisions. The steps necessary to enforce a judgment or decision include:

• The applicant must submit an application for electronic execution over the internet, through the official website of the
Ministry of Justice.
• The application is referred to an enforcement agency.
• The original executive bond (including judgments and commercial papers) are taken to the execution judge.
• The person subject to the execution order (the debtor) is informed of the decision against it and compelled to pay
through official methods.
• If the debtor fails to pay, the execution judge can suspend the debtor's services, freeze bank accounts, prevent the
debtor from travelling, and place a hold on any receivables owed to the debtor if the source of those receivables are
government bodies
and departments and place him in jail if he refuse to pay.
• The execution judge will deduct one-third of the debtor's income if not used to pay off the debts. The judge can also
seize the assets and/or real estate belonging to the debtor.
• The execution judge must detain the debtor if it has no money or property to pay the debts with.
• The debtor (and anyone assisting) will be punished if found to have concealed or smuggled the money, or to have done
anything illegal to resist paying the debt.
Cross-border litigation
25. Do local courts respect the choice of governing law in a contract? If yes, are there any national laws or rules
that may modify or restrict the application of the law chosen by the parties in their contract?
Saudi Arabia respects the principle of choosing governing law. Where the parties have agreed a different law, the court will
refer the matter back to the relevant jurisdiction. The Saudi court will not look into the case, nor will it apply a different law.
26. Do local courts respect the choice of jurisdiction in a contract? Do local courts claim jurisdiction over a
dispute in some circumstances, despite the choice of jurisdiction?
Each court has a jurisdiction of its own. For example, even if the parties agree that the dispute will be resolved by the commercial
court, the court can discard the case if it decides it is not, in fact, commercial in nature.

The parties to the dispute cannot agree to change the jurisdiction of the court (for example, if the jurisdiction of the dispute is
the administrative court and the parties agree to place the dispute in the commercial court) or the subject matter jurisdiction
(for example, if the jurisdiction is to the personal status court and the parties agree for it to be in the general court). Agreements
in these cases are considered null and void.
However, the court will agree on the territorial jurisdiction of the dispute if the parties agree on it (Article 36, paragraph 3,
Implementing Regulations of the Civil Procedure Law).
Local courts respect choices about territorial jurisdiction. However, in certain cases it adheres to the jurisdiction of the court.
For example, if the dispute is over property in Saudi Arabia, or if the dispute is in cases of family and personal status (such as
divorce, custody and alimony). Otherwise, the court respects the will of the parties.
The jurisdiction of the courts will be Saudi Arabia, if agreed by the parties, unless the dispute is related to property outside the
country (Article 28, Civil Procedure Law; Article 36, Implementing Regulations).
27. If a party wishes to serve foreign proceedings on a party in your jurisdiction, what is the procedure to effect
service in your jurisdiction? Is your jurisdiction a party to any international agreements affecting this process?
Service of documents is a very important procedure in a lawsuit, and the court cannot hear the case without verifying the
completeness of the service procedure. Service informs the defendant that there is a lawsuit against it, or that an action has
been undertaken and they must be informed. Therefore, a judge will not hear any case unless the defendant was informed of
the lawsuit and they must attend.
Saudi Arabia has signed the Riyadh Arab Agreement for Judicial Co-operation (Riyadh Convention) with some Arab countries.
It also signed the GCC Convention for the Execution of Judgments, Delegations and Judicial Notifications. However, the formal
procedure for informing a resident in Saudi Arabia about a foreign lawsuit must be done through the official channels. The
foreign court must send a notification to the Ministry of Foreign Affairs, which sends it to the Saudi consulate. It is then sent
to the Saudi Foreign Ministry, which sends it to the court nearest to the residence of the person required to be notified.
28. What is the procedure to take evidence from a witness in your jurisdiction for use in proceedings in another
jurisdiction? Is your jurisdiction party to an international convention on this issue?
See Question 18.
Saudi Arabia signed the Riyadh Convention, which deals with the recognition and enforcement of foreign judgments and arbitral
awards without reviewing the subject matter of the underlying dispute, provided that the judgment or arbitral award does not
violate:

• Public order.
• Morality.
• The constitution of the state in which enforcement is being sought.
• The overriding principles of sharia law.
Enforcement of a foreign judgment
29. What are the procedures to enforce a foreign judgment in your jurisdiction?
Article 11 of the Enforcement Law states that, subject to the provisions of existing treaties and conventions, the enforcement
judge cannot enforce a foreign judgment or a foreign order unless it is based on reciprocity, and the following conditions are
fulfilled:
• The Saudi Arabian courts are not competent to hear the dispute for which the foreign judgment or the foreign order is
issued, and that the foreign court issuing it is competent according to international judicial rules.
• The litigants in the lawsuit for which the foreign judgment or order was issued were summoned to attend, were duly
represented and given the chance to defend themselves.
• The judgment or order is final under the regulations of the issuing court.
• The judgment or order does not conflict with any judgment or order issued on the same subject by another competent
judicial authority in Saudi Arabia.
• The judgment or order does not include any provisions that contradict the public policy of Saudi Arabia.
Article 11 of the Enforcement Law's Implementing Regulations adds that the foreign judgment or order to be enforced must
come attached to the following documents:
• An official copy of the judgment or the order sealed or attached with the enforcement order language.
• Certificate stating that judgment is final (unless expressed in the judgment itself) and issued from a judicial authority
competent to review the lawsuit in that state.
• A copy of the notification of judgment document, certified as an original, or any other document that properly proves
the defendant's notification in the case of an absentee judgment.
• Declaring there are no previous cases.
• Attesting and translating the documents.

Documents certified in a foreign country can be ordered according to the conditions in the regulations of the country
implementing and enforcing the documents issued in Saudi Arabia, and on the basis of reciprocity.
The following Enforcement Law articles make certain clarifications to the law, including:
• There must be no Saudi Arabian case that gives precedent over the case for which execution of the judgment or order is
sought (Article 11(2)).
• The meaning of "public policy" is the provision of Islamic law (Article 11(3)).
• Documents issued by official authorities in the foreign must be certified by the Ministry of Foreign Affairs and the
Ministry of Justice, and translated into Arabic by an accredited translation office (Article 11(4)).
• The enforcement judge must verify that the state in which the judgment or the foreign order was issued has a reciprocal
agreement with Saudi Arabia by official affidavit from the Ministry of Justice (Article 11(5)).
• A foreign judgment or order cannot be executed in cases that are reviewed solely by Saudi courts by virtue of law, such
as in-kind claims relating to property within Saudi Arabia (Article 11(6)).
Alternative dispute resolution
30. What are the main alternative dispute resolution (ADR) methods used in your jurisdiction to settle large
commercial disputes? Is ADR used more in certain industries? What proportion of large commercial disputes
is settled through ADR?
Arbitration is used as a method of dispute resolution in Saudi Arabia. Any dispute can be submitted to arbitration, except
disputes relating to personal status and matters in which no settlement is allowed. In addition, arbitration is prohibited in:
• Disputes between the Saudi Government or any of its agencies, and third parties (whether Saudi or foreign).
• Disputes that relate to bankruptcy, insolvency, moratorium and liquidation laws.
There are no rules on conciliation or mediation in Saudi Arabia and parties can define the conciliator or mediator's mandate
as narrowly or as broadly as they wish.
31. Does ADR form part of court procedures or does it only apply if the parties agree? Can courts compel the
use of ADR?

Courts can compel the use of arbitration in two cases:
• Where parties agree in front of a judge.
• Where contract terms have a clause "in case of disputes".
32. How is evidence given in ADR? Can documents produced or admissions made during (or for the purposes
of) the ADR later be protected from disclosure by privilege? Is ADR confidential?
It is assumed that the arbitrator, such as the judge, is satisfied with the evidence provided by the disputing parties, even if one
of the parties restricts the presentation of its evidence. The arbitrator will read the memorandums and documents provided and
consider the matter until reaching a conclusion to resolve the issue and drafting a verdict.
In practice, arbitral proceedings are typically held behind closed doors. If the parties wish to ensure the confidentiality of the
proceedings and the award, they will need to agree this in advance. However, in practice, because arbitral awards (and related
judgments) are not published in Saudi Arabia, privacy issues do not arise. Documents filed in legal proceedings for recognition
and enforcement are not available to the public. Hearings in relation to recognition and enforcement are confidential to the
extent that it is not customary for any person not directly involved to be authorised by a Saudi judge to sit in on the hearings.
33. How are costs dealt with in ADR?
There are no specific costs. All costs are determined before arbitration proceedings begin and the parties must pay the costs
in equal shares.
34. What are the main bodies that offer ADR services in your jurisdiction?
The Saudi Centre for Commercial Arbitration (SCCA) was established to administer arbitration procedures in civil and
commercial disputes where parties agree to refer the dispute to the SCCA in accordance with the relevant regulations and
judicial principles of civil and commercial procedure. Disputes about personal status, administrative, criminal or matters that
cannot be arbitrated under Saudi law will not fall under the SCCA's jurisdiction. The SCCA provides ADR services, including

arbitration and mediation. SCCA services are provided in accordance with international and professional standards in Arabic
and/or English. The website can be found at www.sadr.org.
Proposals for reform
35. Are there any proposals for dispute resolution reform? If yes, when are they likely to come into force?
There are no current proposals for reform.
Contributor profile
Mohammad Al-Mehdar, Partner
Hammad & Al-Mehdar

T +966(0)920004626
F +966(0)126069190
E almehdar@hmco.com.sa
W http://www.hmco.com.sa
Professional qualifications. Saudi Arabia, Attorney and Legal Consultant since 1980
Areas of practice. Litigation and Disputes.
END OF DOCUMENT
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Litigation and enforcement in Saudi Arabia: overview, Practical Law Country Q&A...

Litigation and enforcement in Saudi Arabia: overview

Country Q&A | Law stated as at 01-May-2019 | Saudi Arabia

A Q&A guide to dispute resolution law in Saudi Arabia.

Main dispute resolution methods

Evidence must include the following:

• Written evidence, such as documents and contracts.

• Oral evidence, such as witnesses.

• Expert evidence, such as auditors or financial accountants.

© 2022 Thomson Reuters. All rights reserved. 1

The following have important limitation periods:

Saudi Arabia has the following courts:

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• First degree courts.

• Work or contracts relating to sea vessels.

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• The applicant must be Saudi.

Fees and funding

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© 2022 Thomson Reuters. All rights reserved. 5

9. What are the main stages of typical court proceedings?

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Notice to the defendant and defence

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Availability and grounds

• Inspections to establish a condition.

• Injunctions banning travel.

• Injunctions banning interference with possession and recovery of possession.

• Suspension of new actions.

• Requests for receivership.

• Cases relating to daily wages.

• Other cases deemed urgent by law.

Right to vary or discharge order and appeals

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• Violation of sharia law or mandatory statutory rules.

• Findings made based on insufficient evidence.

Availability and grounds

Preferential right or lien

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There are no other interim remedies commonly available and obtained.

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Third party experts

19. What are the rules in relation to third-party experts?

When there is a decision to appoint an expert, the court will determine:

• The tasks required from the expert.

• The date for filing the expert's report.

• Which of the parties will endure the costs of the expert.

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• Expertise needed and how rare the field is.

• Expenses borne to get the task done.

• Nature of the commercial dispute.

• Level of similar expert's expenses.

• Level of similar expenses in the same profession.

Grounds for appeal

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23. Is interest awarded on costs? If yes, how is it calculated?

Enforcement of a local judgment

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• The application is referred to an enforcement agency.

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See Question 18.