SAUDI ARABIA Law and Practice Contributed by: Andreas Haberbeck, Derayah LLPC
applications for the execution of foreign judg- ments and arbitration awards. Since the enact- ment of the 2012 Enforcement Regulation, appli- cations for the enforcement of foreign judgments must be submitted to enforcement judges. In a judgment issued in 1992, the Board of Griev- ances ruled that a judgment of the English High Court of Justice was not enforceable on the basis of reciprocity in Saudi Arabia. The Board of Grievances ruled that the only judgments that are enforceable in Saudi Arabia on the basis of reciprocity are judgments of countries who are party to a treaty or convention for the reciprocal enforcement of judgments to which Saudi Arabia is also a party, or whose authorities would give executive force to judgments of the courts of Saudi Arabia without the requirement of institut- ing 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 enforceable 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. 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 regulations; that the court passing judgment was not properly 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 Reso- lution of Securities Disputes and the Committee for the Settlement of Insurance Disputes and Violations of the Saudi Arabian Monetary Agency each have their 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 basis of errors of law, mischaracterisation or misdescription of facts, lack of jurisdiction and res judicata, but this does not apply to banking disputes, insurance dis- putes and 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 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 application for an appeal from a judgment to be filed within 30 days from receipt of the writ- ten judgment. Appeals against expedited judg- ments 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 appli-
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