Enforcement of Foreign Judgments in Saudi Arabia

Definition of Foreign Judgments: Foreign judgments refer to judicial orders and rulings issued by courts or judicial bodies outside the Kingdom of Saudi Arabia. Such judgments are enforced within the Kingdom of Saudi Arabia provided that the subject matter of these judgments is enforceable within the Kingdom.

Definition of Enforcing Foreign Judgments: It means granting executive force to judgments issued in a foreign state within the Kingdom of Saudi Arabia, rendering these judgments applicable within the territories of the Kingdom of Saudi Arabia in a manner that does not contravene Saudi laws and regulations.

• Objective: The purpose of enforcing such foreign judgments is the desire to protect the rights of companies and individuals after obtaining a final judgment in their favor in a foreign state.
• Competent Authority: The Enforcement Courts in the Kingdom of Saudi Arabia, in accordance with the Enforcement Law and its Implementing Regulations.

Conditions for the Enforcement of Foreign Judgments

• Judicial Jurisdiction: The courts of the Kingdom must not have jurisdiction over the dispute in which the judgment or order was issued, and the foreign court must have had the legal jurisdiction to hear the case pursuant to the international jurisdictional rules prescribed in its regulations.
• Due Process: The litigants must have been duly represented before the foreign court and enabled them to defend themselves.
• Finality of the Judgment: The foreign judgment must be final and binding in accordance with the law of the foreign court that issued it.
• Non-Conflict with a Saudi Judgment: There must be no prior Saudi judgment regarding the same dispute that conflicts with the foreign judgment.
• Compliance with Public Policy: The foreign judgment must not violate the principles of Public Policy in the Kingdom of Saudi Arabia.
• Reciprocity: Verification that the state where the judgment was issued accepts the enforcement of judgments issued by the courts of the Kingdom of Saudi Arabia.

Note: A foreign judgment may not be enforced in cases where the courts of the Kingdom have exclusive jurisdiction, such as in rem actions relating to real estate located within the Kingdom of Saudi Arabia.

The following must be attached to the foreign judgment requested for enforcement

1. The original foreign judgment or order, or a certified true copy thereof.
2. A certificate stating that the judgment has become final and enforceable, unless this is stipulated in the judgment itself.
3. A certified copy of the judgment notification document, or any other document proving the same.
4. Attestation of official documents issued by the official authorities in the foreign country by the Ministry of Foreign Affairs and the Ministry of Justice, and their translation by an accredited office.
5. Evidence of the fulfillment of the Principle of Reciprocity, if necessary.

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