The Process of a Typical Commercial Case

Saudi Arabia
Litigation Guide
IBA Litigation Committee
Robert W. Jordan
robert.jordan@bakerbotts.com

Natasha Zahid
natasha.zahid@bakerbotts.com

Baker Botts L.L.P.

Emaar Square
Building 6
7th Floor
Sheikh Zayed Road at Doha Street
P.O. Box 23425
Dubai
United Arab Emirates

www.bakerbotts.com
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THE PROCESS OF A TYPICAL COMMERCIAL CASE

1. Limitation issues

There is no statutory, or Sharia law, time limit for bringing commercial claims in Saudi
Arabia. Saudi Arabian law is silent on the issue of parties contractually agreeing to set
time limits.

2. Pre-litigation requirements

Saudi Arabian law does not provide for any mandatory “pre-litigation” steps.

3. Starting proceedings

Commercial claims are heard before the commercial circuit of the Board of Grievances.
A claimant may commence proceedings before the court by filing a signed statement of
claim, together with supporting documentary evidence, all in Arabic. The court will
prepare a summons and serve it and the claim documents on the defendant.

Saudi courts typically decide on preliminary issues, such as an application regarding the
court’s jurisdiction, at the first hearing.

4. Timetable and Case management

In practice, each case proceeds by way of a series of hearings, at which parties file
written submissions one after another. The court has the discretion to set a case
timetable but rarely does so.

In our experience, commercial claims in Saudi Arabia usually take between two to four
years to conclude.

5. Disclosure of Evidence

Saudi law is silent on the issue of mandatory disclosure of evidence. Disclosure is based
on Sharia law principles which provide that each party should adduce the evidence upon
which it relies and that which is relevant to the case (even if unfavourable). The Saudi
courts may compel any party to disclose evidence in their possession. Judges typically
direct whether evidence will be admitted or rejected.

There is no legal obligation on a party to preserve evidence for litigation purposes.

6. Administration of Evidence

Please see above at paragraphs 4 and 5 regarding presentation of evidence and the role
of the court in proceedings.
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THE PROCESS OF A TYPICAL COMMERCIAL CASE

Party appointed experts do not feature in Saudi court proceedings. Saudi courts typically
appoint experts to assist with technical or specialist issues.

7. Remedies

The most common remedy available is monetary damages. Restitution may be available
in certain circumstances. Saudi courts have the discretion to award certain forms of
interim relief if that will result in the avoidance of irreparable harm.

In general, interim remedies such an injunctions are not available in the Kingdom of
Saudi Arabia. It is however possible for a claimant to apply for an attachment order,
which is analogous to a freezing injunction, in order to preserve an asset of the
defendant while proceedings are ongoing. Specific performance is not available as a
remedy under Saudi law.

8. Enforcement

After a final judgment has been rendered, the enforcement judge will typically provide
the judgment debtor with one to three months to comply with the judgment. If the
judgment debtor fails to comply, the enforcement judge will take measures such as
attachment and/or seizure of the judgment debtor’s assets and sale of seized assets by
way of a public auction.

9. Appeal

All judgments will be deemed final if they are not appealed within 30 days. Appeals of
commercial claims are heard by the Review Panel of the Board of Grievances. The
grounds for appeal include violation of Sharia law or mandatory statutory rules, fraud and
findings made based on insufficient evidence.

10. Costs

The Saudi courts have the discretion to award costs to the successful party but generally
do not make such awards unless the claim is deemed to be vexatious. If the claimant is
successful, it may also recover its legal costs, travel expenses and expert fees (if any).