Guide for the Applicant before the commercial courts
Believing in the importance of the societal role of private establishments, and a desire to contribute to raising the level of legal rights awareness for individuals and companies, as a message and organizing life matters in Saudi society; As a continuation of our chain of publications and our work in developing the legal environment, we present to you the "Guide to pleading before the commercial courts", which includes a comprehensive guide to litigation procedures, at its three levels: first instance, then appeal, and finally, the Supreme.
The commercial courts system and its executive regulations aim to raise the capabilities of the commercial judiciary, enhance the commercial environment and raise legal security, as the system is considered as a qualitative leap in the development of the commercial judiciary in the Kingdom of Saudi Arabia with regard to the provisions included in it, being based on basic foundations for speedy settlement of the case, and saving time and effort. Encouraging resorting to (ADR) Alternative Dispute Resolution, adopting technology, enabling the role of Advocacy, the possibility of proof by all means of evidence, including some provisions for expedited enforcement in some cases, and appreciating the role of custom and consulting the opinion of traders, which will have a huge impact on the speedy settlement of judicial disputes.
The “Guide” paves the way for the lawyer from the moment that the lawyer intends to start pleading, by defining the competent court, the procedures for filing the case, giving importance to expediting easy and collective lawsuits, notifying the litigants, passing through urgent lawsuits, insertion, overlapping and incidental demands, with reference to the means of evidence and its provisions, and showing the mechanisms of submitting objections on judgments’ demands, petition for reconsideration, clarification of jurisdictions of the appeal courts, and ending with the mechanism of the cassation of judgments before the Supreme Court.
The "Guide" is concerned with showing the procedural practices in the court that the one who is pleading must adopt, whether from the digital aspect through the electronic systems of the commercial judiciary, or from the traditional aspect through direct attendance in the courts.
In this guide, we have made sure that it is summarized and does not violate the required intention, using short phrases that are far from unnecessary verbiage, and in well format, easy, and devoid of complexity.
And we took into account when explaining the procedures that they must be in numbered points and visual templates, and they are logically sequenced, as this has a visual impact that facilitates the reading, and helps the reader to quickly reach and understand the benefit, with an index of titles at the end of the guide, which refers the reader directly to the subject he wants to obtain.