RESOLUTION OF DISPUTES
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INTRODUCTION TO DISPUTE
RESOLUTION
Saudi
Arabia is an Islamic monarchy ruled by
King Salman bin Abdulaziz Al-Saud.
This
system has its origins in the Holy Koran, the
teachings of the Prophet Mohammed and the texts of
the Islamic religious scholars
Scholarly opinion rather than the authority of
precedent in court decisions or legislation is therefore
foundational to the Saudi legal system.
More generally, the concept of ‘law’ in Saudi Arabia is
synonymous with shariah, which is the basic and
primary law of the country, as defined in Article 7 of
the Basic Law of 1992
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Saudi regulations are usually enacted or promulgated as
royal decrees or ministerial resolutions such as foreign
investment, the formation and operation of companies,
capital markets, banking activity and cybercrime.
No regulation is deemed lawful if it violates a tenet of the
shariah
if an agreement or individual provision in a contract
violates the shariah, it would be unenforceable (e.g., a
provision that calls for the payment of interest, which is
prohibited under the shariah as applied in Saudi Arabia).
Accordingly, no court in Saudi Arabia would issue a
decision in violation of those principles, regardless of what
the parties have agreed to in their contract or otherwise
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SUPREME COURT
COURT OF APPEAL
FIRST INSTANCE COURTS [General courts,
Criminal courts, Personal affairs courts,
Commercial courts and Labour courts]
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SUPREME COURT
The Supreme Court in Riyadh is the highest
judicial authority within Saudi Arabia and carries
out a review of judgments and decisions issued
or endorsed by the courts of appeal.
The president of the Court, as well the Court’s
other judges, are appointed by Royal Decree.
The Supreme Court’s obligation is to monitor
and safeguard the application of Islamic shariah
within the judicial system.
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
COURTS OF APPEAL
The courts of appeal review the decisions and judgments
handed down by the courts of first instance.
The courts of appeal operate through specialised circuits,
are comprised of three judges (or five in certain cases) and
handle disputes within their designated region.
The various circuits deal with labour, criminal, commercial
and other areas of law.
The appeals courts have recently started to hold their own
hearings and issue judgments.
Previously, the appellate courts did not typically hold
hearings. Rather, they would review the appeal request
and decide whether to uphold the lower court judgment or
return the case to the lower courts with comments.
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
FIRST INSTANCE COURTS
Saudi Arabia’s first instance courts have jurisdiction over all cases, without prejudice to
the jurisdiction of the Board of Grievances, and are subdivided into five types: general
courts, criminal courts, personal affairs courts, commercial courts and labour courts.
General courts have jurisdiction over a range of matters, from property disputes to
suits arising out of traffic accidents. General courts are established in all provinces of
Saudi Arabia and may consist of a single judge or three judges.
Criminal courts have jurisdiction over all criminal cases and are typically comprised of
three judges.
Personal affairs courts are comprised of one or more judges and have jurisdiction to
decide matters concerning proof of marriage, divorce, custody, appointment of
guardians and other family matters.
Labour courts are comprised of one or more judges and have jurisdiction over
disputes related to labour contracts, wages, work-related injuries and termination,
among other matters.
Commercial courts were set up by a Council of Ministers Royal Decree in 2007.
However, the reforms and transfer of the commercial courts outside of the Board of
Grievances was not fully implemented until 2017. The commercial courts are
comprised of one or more judges and have jurisdiction over commercial disputes,
including disputes arising between merchants or in respect of partnerships, as well as
bankruptcies. There are three commercial courts – located in Riyadh, Jeddah and
Dammam.
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Board of Grievances
Other Tribunals
Board of Grievances
The Board of Grievances was originally set up to hear cases involving the
government or government bodies and historically had jurisdiction over
government contract and administrative disputes.
Board of Grievances as an ‘independent administrative judicial
commission’ directly responsible to the King
Board of Grievances to assume jurisdiction over certain criminal cases,
some disputes involving the government and requests to enforce foreign
judgments and some commercial cases.
The Board is based in Riyadh and has branches in Jeddah, Dammam and
Abha
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Other tribunals
In addition to the general courts and the Board
of Grievances, there are other specialised
tribunals that have subject matter-specific or
participant-specific jurisdiction.
Examples are the
▪ Insurance Dispute Committee under the Saudi
Arabian Monetary Agency (SAMA),
▪ the SAMA Committee for the Resolution of Banking
Disputes and
▪ Committee for the Resolution of Securities Disputes.
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The
court system is
adversarial ( )الخصومةin
nature.
Parties have the
responsibility for
bringing a lawsuit
()شكوى, shaping issues
and presenting
evidence ()دليل.
Lawyers represent the
parties’ claims
()المطالبات.
Judges don’t investigate
()التحقيق.
Court
applies legal rules
to facts presented.
Trials are often costly and
uncertain.
Complex facts, extensive
evidence, mountains of
business records
involved.
Juries ( )المحلفينtend to
be less sympathetic to
businesses
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Pleading Stage مرحلة المرافعة
Discovery Stage مرحلة االكتشاف
Pretrial Stage مرحلة ما قبل
المحاكمة
Trial Stage مرحلة المحاكمة
Appellate Stage استئناف المرحلة
Enforcement Stage المرحلة إنفاذ
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Formal statements made to the court by the parties
Jurisdiction needed over subject matter & parties
Notice given of lawsuit by service of process through summons
Complaint
Alleges facts for jurisdiction & remedy/remedies
Requests remedy(ies)
Responses to Complaint
Motion to Dismiss (Demurrer)
▪ By defendant
Answer (may include affirmative defenses – usually by defendant)
Counterclaim
Reply
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Rules of Civil Procedure set guidelines & limits to the process
Purposes to preserve evidence, encourage settlement
Depositions of parties and witnesses (including experts) – sometimes
videotaped
Interrogatories of the parties
Use of Expert Witnesses
Requests for Admissions
Orders of Production of Documents
Physical/Mental Examinations
Impacts on business – expensive & time-consuming
Court may sanction a party who fails to comply with discovery requirements
Default Judgment
Contempt of court (fines, pay costs to the other party)
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Summary
Judgment – either party may
request
Judge renders it
Conference – either party or court
may request
Pretrial
Usually attorneys and judge attend
Simplify issues
Plan course of the trial
Judges get parties to drop certain parts of case
Helps to focus on key issues
Judges often encourage parties to reach out-of-court settlement
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Opening Statements by attorneys
Presentation of Direct Testimony
Direct Examination, Cross Examination, Redirect Examination, Re-Cross
Examination
Closing arguments
Instructions to Jury (also called charges)
Verdict by jury. Judgment may be set aside for jury misconduct.
Motions For A Verdict
Motion For A Directed Verdict/Motion For Judgment As A Matter of Law/Judgment
on the Pleadings
▪ Cases have been presented, but before going to jury, either party requests entering judgment in its favor
Motion for Judgment As A Matter of Law/Motion For Judgment Notwithstanding
the Verdict (N.O.V.)
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Arguments
court
before the Outcomes of
decisions
Written Briefs
Affirmed
Oral Arguments
Modified
Decisions
by the
court
Reversed
Remanded
Majority opinion
Concurring opinions
Dissenting opinions
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If
no further appeal is available, judgment
becomes final
It is res judicata ()المقضي
Enforcement of judgment is through writ of
execution
Court orders an official (i.e. sheriff )عمدة المدينة
to satisfy judgment through an act (such as
seizure of property, garnishment, etc.)
A complexity that causes parties to look for
alternative dispute resolution
In U.S. each side usually responsible for own
costs
Not in Britain – loser usually pays winner’s legal
costs
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Arbitration
Negotiation
Mediation
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Most widely recognized form of ADR
Usually results are faster in resolution of matters
3rd neutral party or panel (usually expert) is arbitrator وسيطor
arbiter
Parties agree upon this ADR in the contract or during a later dispute
Arbitrator’s decision is binding
Arbitration decision is final and matter usually cannot be litigated
again or appealed
The award (decision)
Thousands of international disputes go to arbitration each year
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تفاوض
Least
formal form of ADR
Parties decide to settle matter between
themselves
Often use lawyers or representatives,
though not required
Lawyers, etc. are agents of the parties of the dispute
Negotiated
settlement is usually a
contract, which is enforceable, like other
contracts, by the courts
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Stage
1: Study issues and information
Stage 2: Exchange of information
Stage 3: Work your strategy
Usually involves compromise
Stage
4: Agreement is reached; usually a
contract is written
Policy of the courts is to enforce
negotiated settlements
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3rd
neutral person (mediator) assists the
parties of the dispute
Parties mutually decide on a resolution
Mediator makes suggestions
Mediator’s suggestions are NOT BINDING
on the parties
Parties may go to trial after this ADR
Mediation often helps to maintain the
relationship between the parties
Mediation also involves labor disputes and
marital disputes
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Mediator
collects information, outlines key issues, listens, asks
questions, observes the parties, discusses options, and
encourages compromise
Mediator often helps to draft the settlement agreement
Mediator may assist in deciding the confidentiality of the case
If confidentiality is agreed upon, nothing can be said in public
Information revealed during negotiation or mediation should
not be used as evidence if the dispute goes to a later trial
Except in respect of family disputes, labour disputes and
disputes between a Saudi distributor and its principal, there
are no laws, rules or regulations in Saudi Arabia dealing with
the resolution of disputes through mediation.
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Legal Environment of Business, MGT 315
Assignment 1 (Section 1, Female)
Due Date: 19th February, 2020
Submit Hard Copy Only
1. Discuss about the court system of Saudi Arabia including supreme court, court
appeals and all types of court of first instance.
(1.5 Marks)
2. Discuss any two form of business structures in Saudi Arabia (1 Mark)
Guidelines:
1. There needs to be a cover page with the following details:
a. Name of the Student
b. Student Id
c. Name of the course and Course Code
d. Assignment Number
2. All the answers should be type written
3. The font used should be Times New Roman with font size 12, headings to be bold
and font size 14. The line spacing should be 1.5. It should be right and left aligned.
The answers should be in paragraph form
5. Please refer to text book, reference materials and online sources to complete your
assignments.
6. There should be no copy and paste among students. If found the assignment would
stand cancelled
7. The total marks of the assignment is out of 2.5 marks.
8. The assignment should be handed over in hard form and left side stapled.
9. Assignment has to be done individually,
10. Late submission won’t be accepted.
4
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