SAUDI ARABIA Law and Practice Contributed by: Andreas Haberbeck, Derayah LLPC
personal injuries liability pro-rated with reference to this ceiling. From time to time, and location to location, the value of 100 camels has been expressed in a monetary equivalent. The current standard appli- cable in Saudi Arabia was laid down by Royal Order No 43108 of 3 Shawwal 1432 Hejra, corre- sponding to 1 September 2011, at SAR300,000. Punitive damages are not awarded by Saudi Arabian courts. It remains to be seen to what extent the courts will award damages for lost profits, which has become possible under the Civil Transactions Regulation, 2023. 9.3 Pre-judgment and Post-judgment Interest The Saudi Arabian courts do not award interest in any form. 9.4 Enforcement Mechanisms of a Domestic Judgment Under the Enforcement Regulation, Royal Decree No M/53 of 13 Sha’ban 1433 Hejra, correspond- ing to 14 July 2012, applications for the enforce- ment of judgments are lodged with enforcement judges, who have wide-ranging powers, includ- ing summoning a judgment debtor’s bankers and accountants. If a defendant fails to satisfy a judgment, their access to government services may be cancelled and their bank accounts are likely to be frozen. Travel bans are not uncom- mon and in extreme cases an uncooperative judgment debtor may be imprisoned. The Enforcement Regulation, 2012, excludes property owned by the State, which extends to shares in corporations. This has been recti- fied by the Board of Grievances Enforcement Regulation, Royal Decree No M/15 of 27 Muhar- ram 1443 Hejra corresponding to 4 September
2021, which has established the Administrative Enforcement Court. The Court became operational on 20 August 2023 and has the power to enforce judgments and arbitration awards against or in favour of government agencies and state-owned proper- ty. If a government agency confirms that it has taken all necessary steps to satisfy an execution order issued by the Court and that non-payment is attributable to the Ministry of Finance, an exe- cution order must be issued against the Ministry of Finance. The Board of Grievances Enforcement Regula- tion, 2021, gives the Administrative Enforcement Court the power to imprison for up to seven years and/or fine public servants who frustrate or delay enforcement of judgments. 9.5 Enforcement of a Judgment From a Foreign Country The only international treaties on the recipro- cal enforcement of judgments to which Saudi Arabia is a party are the Arab League Treaty on the Enforcement of Judgments signed at Riyadh on 16 April 1983, which superseded the Arab League Treaty on the Enforcement of Judg- ments dated 14 September 1952, and the Arab Gulf Cooperation Council Convention on the Enforcement of Judgments of 6 December 1995. However, a foreign judgment can be enforced in Saudi Arabia if the applicant can demonstrate that the country where the judgment was issued will give reciprocal treatment to Saudi Arabian judgments. Until 14 February 2013 the Board of Grievances, being the tribunal having general jurisdiction over most categories of commercial and administra- tive disputes, had exclusive jurisdiction to hear
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