The Kingdom of Saudi Arabia’s openness to the world, as part of Vision 2030, has been a key driver in attracting foreign investors and global companies across various sectors. With this openness comes the necessity of a clear legal framework to regulate commercial and judicial relations between local and international parties.

In this article, we explore the enforcement of foreign judgments in Saudi Arabia, a critical issue for every businessperson, whether Saudi or foreign.

What Is The enforcement of foreign judgments in Saudi Arabia?

The enforcement of foreign judgments in Saudi Arabia refers to the process by which enforcement courts implement judicial decisions, court orders, arbitral awards, or notarized documents issued by foreign judicial or arbitral authorities, in accordance with the provisions of the Kingdom’s Enforcement Law.

Saudi Arabia is committed to the provisions of international treaties and agreements it has concluded with other countries regarding the enforcement of foreign judgments and judicial orders. In the absence of such treaties or agreements, the Kingdom applies the principle of reciprocity with the country where the judgment was issued.

What Is the Legal Basis for the Enforcement of Foreign Judgments in Saudi Arabia?

Given the importance and sensitivity of enforcing foreign judgments in Saudi Arabia—particularly in light of the Kingdom’s increasing openness to the world under Vision 2030, the expansion of commercial relations, and the attraction of foreign investors—the procedures, mechanisms, and requirements for enforcement have been regulated under the Enforcement Law issued by Royal Decree No. (M/53) dated 13/08/1433H- 03/07/2012, together with its Implementing Regulations. These provisions are summarized in Article Eleven of the Enforcement Law.

Article Eleven stipulates that enforcement must comply with the relevant treaties and agreements. Furthermore, an enforcement judge may not enforce any foreign judgment or order except based on the principle of reciprocity.

What Are the Conditions for Enforcing Foreign Judgments in Saudi Arabia?

Article 11 of the Enforcement Law sets out specific conditions for the enforcement of foreign judgments in Saudi Arabia. These conditions are as follows:

Reciprocity: The judgment must originate from a country that applies the principle of reciprocity, meaning that judgments issued by Saudi courts are likewise enforceable in that foreign country.  It should also be noted that Saudi Arabia is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which facilitates the enforcement of arbitral awards issued in other signatory states.

Competent Authority: For a foreign judgment or order to be recognized in Saudi Arabia, the case must fall outside the jurisdiction of Saudi courts, and the foreign court must have proper jurisdiction under its own international rules

Due Process: The party against whom enforcement is sought must have been duly notified and given the opportunity to appear before the court, ensuring their right of defense prior to issuance of the judgment.

Finality: The judgment must be final, enforceable, and not subject to further appeal in the country where it was issued.

No Conflict with Saudi Judgments: No final judgment on the same matter should have been issued by a Saudi court, in order to avoid conflicting judicial rulings.

Compliance with Sharia and Public Order: The judgment must not contravene Islamic law (Sharia) or conflict with public order and morals in Saudi Arabia.

What Are the Procedures for Enforcing Foreign Judgments in Saudi Arabia?

The enforcement of foreign judgments in Saudi Arabia is carried out through the following procedures:

Filing the Request: The plaintiff submits a petition to the competent Saudi court requesting the enforcement of the foreign judgment. The petition must be accompanied by all authenticated documents, including the original judgment and, where required, certified translations.

Verification of Conditions: The court verifies that the foreign judgment satisfies all the conditions for enforcement set out in Article 11 of the Enforcement Law.

Granting Enforcement: Once the court has reviewed the request and confirmed that all requirements have been met, it authorizes enforcement by affixing the official enforcement seal to the judgment. This seal renders the judgment an enforceable instrument within the Kingdom.

Execution of Enforcement: The plaintiff then proceeds with the execution procedures in the same manner as for any enforceable judgment issued by Saudi courts.

What Are the Obstacles to the Enforcement of Foreign Judgments in Saudi Arabia?

The enforcement of foreign judgments in Saudi Arabia may be denied if the conditions for enforcement are not met. The main obstacles include:

Conflict with Sharia and Public Order: The judgment contradicts Islamic Sharia principles or Saudi public order and morals.

Lack of Finality: The judgment is not final, enforceable, or remains subject to appeal in the issuing country.

Jurisdictional Deficiency: The foreign court that issued the judgment lacked proper jurisdiction under the rules of judicial jurisdiction recognized in the Kingdom.

Absence of Due Process: The defendant (individual or entity) against whom the judgment was issued was not duly notified of the proceedings and was denied the opportunity to appear before the foreign court.

No Reciprocity: The principle of reciprocity is not established between Saudi Arabia and the foreign country from which the judgment originated.

Conclusion

The enforcement of foreign judgments in Saudi Arabia plays a vital role in protecting rights and strengthening international business relations. By applying the Enforcement Law, respecting treaties, and upholding the principle of reciprocity, the Kingdom ensures a transparent and reliable framework for cross-border dispute resolution.

Disclaimer: This content is not legal advice. No liability is assumed. For legal consultation, please contact us.