SAUDI ARABIA Law and Practice Contributed by: Andreas Haberbeck, Derayah LLPC
6.4 Liability for Damages for the Applicant An application for an asset freeze or travel ban requires the submission of countersecurity and the claimant can be held liable in respect of the defendant’s losses if the claim fails. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Saudi Arabian courts do not exercise extraterritorial jurisdiction. 6.6 Third Parties and Injunctive Relief Injunctive relief cannot be obtained against third par- ties. 6.7 Consequences of a Respondent’s Non- Compliance There are no formal mechanisms against a defendant who fails to comply with an injunction. The defendant can be arrested at the judge’s discretion. Proceedings before all Saudi Arabian courts and judi- cial tribunals are broadly similar to proceedings in civil law jurisdictions. Litigation takes place in a series of short hearings that can last between 15 minutes and one and a half hours. Since May 2020, most hearings have been conducted on electronic platforms. Once the action is formally instituted, the parties are summoned to a hearing, usually within a few weeks of the filing of the complaint. At this and subsequent hearings, the parties file written submissions, oral arguments are heard, and evidence is produced. The parties’ arguments unfold step by step. The parties are free to change their arguments at any stage of the proceedings. 7. Trials and Hearings 7.1 Trial Proceedings In between hearings, there are normally intervals of several weeks, depending on the relevant court’s caseload. There is no limit on how many submissions may be filed in the course of proceedings. It is com- mon for both parties to exhaust their respective argu- ments before their submissions are closed.
7.2 Case Management Hearings There are no case management hearings or similar proceedings in Saudi Arabia. 7.3 Jury Trials in Civil Cases There are no jury trials in Saudi Arabia. 7.4 Rules That Govern Admission of Evidence Most commercial cases proceed on documentary evidence alone. A party, its employees, or agents are not treated as witnesses, and their statements have no evidential value. Witnesses must be independent and the general standard of proof is the evidence from two male Muslims of good character, or one male and two females. One important feature of Saudi Arabian law of evi- dence concerns the taking of an oath. If the claimant has failed to prove their case conclusively through wit- nesses or documentary evidence, they may challenge the defendant to deny their liability on oath. If the defendant accepts the challenge and denies the claim on oath, the case is closed with only limited means of appeal. The defendant also has the option to refuse to take the oath and instead request the claim- ant to confirm their claim. Should the claimant refuse, the case is dismissed. In situations where the claimant has produced inconclusive evidence, the court may ask them to swear a supplementary oath to confirm their rights. If the claimant takes the oath, judgment must be entered in their favour. Because of the extreme religious significance attached to taking an oath, the right to challenge a party was rarely invoked in the past, but in recent years, chal- lenges to take an oath have become more common. In the past, a company’s chairman could be compelled to take the oath on behalf of the company. Since 2020, a request to take an oath may not be directed at a body corporate. 7.5 Expert Testimony The parties to Saudi Arabian legal proceedings are free to introduce expert evidence into the proceed- ings. When technical or complex financial issues arise, it is common for the judges to appoint an expert or experts as advisers to the tribunal.
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