SAUDI ARABIA Law and Practice Contributed by: Andreas Haberbeck, Derayah LLPC
Arabia without the requirement of instituting an action on the judgment. Similarly, a judgment of the Board of Grievances issued in 2007 that a judgment of the US District Court for the District of Columbia in the USA was enforce- able in Saudi Arabia was overturned on appeal. In 2019, the Enforcement Court in Al Khobar refused to recognise an English High Court judgment, and the refusal was confirmed by the Court of Appeal.
the basis of narrow grounds such as fraud or forgery, lack of representation, and the like. 10.3 Procedure for Taking an Appeal The rules of all courts and tribunals require the appli- cation for an appeal from a judgment to be filed within 30 days from receipt of the written judgment. Appeals against expedited judgments or orders must be filed within ten days from receipt of the judgment or order. Appeals are very common, and in most cases, the appellate tribunal reviews the appeal application, the judgment and the case file without further argument from the parties and issues a decision making the judgment final and enforceable. Where the appellate tribunal considers that the appli- cation has merit, it may refer the case back to the court or tribunal of first instance, with a request to adduce additional evidence or reconsider the facts in light of directions given by the appellate tribunal. In such situations, the court or tribunal of first instance usually invites further argument from the parties and issues a new judgment. There have been several instances in which the pro- ceedings were repeated three times before a final and enforceable judgment was issued. The appellate tri- bunal can also take over the handling of the case and make its own ruling. 10.4 Issues Considered by the Appeal Court at an Appeal The Court of Appeal can consider both issues of law and issues of fact, but will ordinarily remit the case to the court at first instance where further facts must be ascertained. 10.5 Court-Imposed Conditions on Granting an Appeal There are no rules that provide for the Court of Appeal to impose any conditions on granting an appeal. 10.6 Powers of the Appellate Court After an Appeal Hearing Judgments which have been appealed are not final and enforceable until the Court of Appeal has con- firmed the first instance judgment.
10. Appeal 10.1 Levels of Appeal or Review to a Litigation
Appeals from the General Courts, the Labour Courts and the Commercial Courts are heard by the Court of Appeal. A decision of the Court of Appeal can be appealed before the Supreme Court on the basis that it contravenes Islamic Law or Saudi Arabian regula- tions; that the court passing judgment was not prop- erly constituted or did not have jurisdiction; or that the court did not properly characterise the facts. The Administrative Court, the Committee for Banking Disputes, the Committee for the Resolution of Securi- ties Disputes, and the Committee for the Settlement of Insurance Disputes and Violations of the Saudi Arabian Monetary Agency each has its own appellate tribunal, but the appeals process in these appellate tribunals is broadly similar. 10.2 Rules Concerning Appeals of Judgments All first instance judgments and interim decisions of Saudi Arabian courts and tribunals, other than small claims with a value below USD13,350, can be appealed. A final and enforceable judgment of the Court of Appeal can be appealed to the Supreme Court on the grounds of errors of law, mischaracteri- sation or misdescription of facts, lack of jurisdiction, and res judicata, but this does not apply to banking, insurance, or securities disputes. An appeal to the Supreme Court does not result in a stay of enforcement. Lastly, it is possible to object to a final and enforceable judgment by way of review on
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