Enforcing Foreign Judgments and Arbitral Awards in Saudi Arabia
Content updated · About Abdullah Almendaha, licensed Saudi lawyer (licence 46592)
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A judgment from a court in London, Mumbai or Cairo, or an award from an international arbitral tribunal, is only as useful as your ability to collect on it. If the debtor's assets are in Saudi Arabia, the judgment or award must be enforced through the Saudi enforcement court.
The current Enforcement Law sets conditions for enforcing foreign judgments and awards. Each document must be assessed before an enforcement request is made.
We act for foreign creditors seeking to enforce judgments and awards against debtors in Jubail, Dammam and the wider Eastern Province.
The starting point: treaties and reciprocity
The Enforcement Law provides that, without prejudice to the Kingdom's obligations under international treaties and agreements, the enforcement court may enforce a foreign judgment or order only on the basis of reciprocity, and after checking the listed conditions.
In practice, two questions come first:
- Is there a treaty between Saudi Arabia and the country where the judgment was issued?
- If not, can reciprocity with that country be shown?
The enforcement conditions
The foreign judgment or order must meet all of the following:
Condition | What it means in practice |
|---|---|
Jurisdiction | The dispute is not one that only Saudi courts may hear. |
No earlier Saudi case | No similar case was pending in Saudi Arabia, filed before the foreign case. |
Fair process | The parties were duly summoned, properly represented and able to defend themselves. |
Finality | The judgment or order is final under the law of the court that issued it. |
No conflict | It does not conflict with an earlier Saudi judgment or order on the same subject. |
Public policy | It does not violate Saudi public policy. |
Jurisdiction must be assessed under the current enforcement rules, including whether the dispute falls within the exclusive jurisdiction of Saudi courts.
Foreign arbitral awards
The Enforcement Law covers foreign arbitral awards. They are also among the instruments the enforcement court can act on.
International treaties may affect recognition and enforcement of foreign arbitral awards. Check which treaty and domestic-law requirements apply to the award and its country of origin.
The new law also refers to foreign mediated settlement agreements, which can now be enforced subject to its conditions.
How the process works
- Collect the documents: the judgment or award, proof that it is final, and evidence that the debtor was properly summoned or notified.
- Prepare certified Arabic translations of the documents.
- File the enforcement request with the competent enforcement court.
- The court checks the applicable enforcement conditions. It does not retry the merits of the case.
- Once accepted, enforcement proceeds like any other enforcement request: notification, a period to comply, then asset disclosure and attachment. See Enforcing a Judgment in Saudi Arabia.
Enforcement time limits
Enforcement requests are subject to time limits and any applicable special rules. Check the due date and the current requirements promptly.
Example: A UK engineering consultancy obtains an arbitral award in London against a contractor based in Jubail for unpaid design fees. Because the award is foreign, the consultancy files an enforcement request in Saudi Arabia with the award, proof of finality and certified Arabic translations. The court reviews the applicable enforcement conditions, including public policy and proper notice, before enforcement begins.
Before you start a foreign case
If you have not yet started proceedings, think about enforcement at the beginning. Where are the debtor's assets? Will a foreign judgment meet the applicable enforcement conditions? Would a Saudi court case, or arbitration, give a more direct path? See Foreign Companies Recovering Debts.
For Saudi debtors
If a foreign judgment or award is presented against you, the questions are the applicable enforcement conditions: jurisdiction, proper notice and representation, finality, conflict with Saudi judgments, and public policy. Take advice promptly. Objections do not stop enforcement unless a stay is ordered.
FAQ
Can a foreign judgment be enforced in Saudi Arabia?
Yes, if there is a treaty or reciprocity, and the conditions in the current Enforcement Law are met.
Does the Saudi court re-hear the case?
No. It checks the applicable enforcement conditions, such as jurisdiction, fair process, finality and public policy.
Are foreign arbitral awards enforceable?
They may be enforced if the applicable domestic-law and treaty requirements are met. The award and supporting documents need to be reviewed.
What documents do I need?
The judgment or award, proof it is final, evidence of proper notice to the debtor, and certified Arabic translations.
Is there a deadline?
Yes. Time limits and special rules can affect enforcement. Check the due date and current requirements, and act promptly.
Talk to us
Send us the judgment or award and details of the debtor in Saudi Arabia. Our office is in Al Jubail, and we act for overseas clients with debtors across the Eastern Province.
Message us on WhatsApp +966 55 726 8709 or email info@almendaha-lawfirm.com.
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This page is general information, not legal advice. For advice on your specific case, contact us.
Abdullah Almendaha · Licensed Saudi lawyer · Licence 46592Or leave your details and we'll reach you the way you prefer