SAUDI ARABIA Law and Practice Contributed by: Andreas Haberbeck, Derayah LLPC
6.4 Liability for Damages for the Applicant
document is confidential under general rules of law or by an agreement between the parties. The Evidence Regulation, 2021, further provides that access to the document in question must not violate any right of commercial secrecy or any other connected rights. Since these provisions are new, no judgments giving guidance on their interpretation have been published at the time of writing. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief It used to be difficult, but not impossible, to obtain injunctive relief through the Saudi Arabian courts. In recent years it has become easier to obtain orders for injunctions and specific per- formance. The Civil Transactions Regulation, 2023, has a chapter setting out rules governing specific per- formance. Orders for injunctive relief may freeze assets or ban a defendant from travelling. 6.2 Arrangements for Obtaining Urgent Injunctive Relief Injunctive relief can be granted at a single hear- ing. Before the Commercial Courts, such hear- ings must take place within three days from the referral. Under the Commercial Courts Regula- tion, 2020, the court may rule on an expedited application outside working hours or during holi- days. 6.3 Availability of Injunctive Relief on an Ex Parte Basis Injunctive relief can be obtained on an ex parte basis.
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 extrater- ritorial jurisdiction. 6.6 Third Parties and Injunctive Relief Injunctive relief cannot be obtained against third parties. 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 judicial tribunals are broadly similar to proceed- ings in civil law jurisdictions. Litigation takes place in a series of short hearings, which can last between 15 minutes and one and a half hours. Since May 2020, most hearings are conducted on electronic platforms. Once the action is formally instituted, the par- ties are summoned to a hearing, usually within a few weeks of the filing of the complaint. At this and subsequent hearings the parties file writ- ten submissions, oral arguments are heard and evidence is produced. The parties’ arguments unfold step by step. It is open to the parties to 7. Trials and Hearings 7.1 Trial Proceedings
1219 CHAMBERS.COM
Powered by FlippingBook