Adhering to the Conditions of Filing a Commercial Lawsuit is essential for both companies and individuals alike to ensure the acceptance of the lawsuit in a valid manner.
When negotiations fail, and parties find themselves at an impasse, resorting to legal action becomes a necessary means to seek resolution.
This article serves as a professional and comprehensive guide, covering the Conditions of Filing a Commercial Lawsuit, providing insights on commercial law saudi arabia, and offering a detailed exploration of the procedural aspects involved in initiating a commercial lawsuit.
File a Lawsuit Against a Company
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Conditions of Filing a Commercial Lawsuit.
To file a commercial lawsuit, the following Conditions of Filing a Commercial Lawsuit must be met according to the Features of the Commercial Courts Law
- The lawsuit must be filed through a commercial lawyer in saudi arabia.
- The plaintiff must have a legitimate right, and the defendant must be a merchant, with the dispute being related to their trade.
- The plaintiff must provide evidence to support their claim before filing the lawsuit.
- The lawsuit petition should include all necessary personal information of the parties involved.
- The lawsuit must be submitted using the approved form provided by the Ministry, as per Article 14 of the Commercial Courts System.
- A written statement must be sent to the defendant within 15 days prior to filing the lawsuit.
- If the defendant is a company or institution, a copy of the commercial register must be provided.
- Lawsuits falling under the commercial court’s jurisdiction are not heard after 5 years from the date the claimed right arose.
- The lawsuit petition should not include unrelated claims.
- In minor cases, the parties involved must attempt reconciliation before filing the lawsuit.
- All necessary documents, including the lawyer’s power of attorney, license, the company’s articles of incorporation, and its commercial register, must be attached to the lawsuit petition.
file a lawsuit against a company.
The Saudi legal system grants the right to litigate in cases of injustice or fraud committed by a company. This right applies whether the lawsuit is filed against the company or by the company against one of its partners, another shareholder, or members of the board of directors.
To file a lawsuit against a company:
- Obtain the necessary information, including the legal entity’s name, license number, and details of the legal representative the name of its legal representative.
- Engage the best lawyers in Saudi Arabia from Al-Dossary’s jeddah law firm , to research the registered legal entities in Saudi Arabia.
- Prepare the lawsuit petition, including the defendant’s details section with the obtained information.
- Gather evidence and relevant documents to support your claim.
- Complete the lawsuit petition form with all required information.
- Submit the completed lawsuit, along with supporting documents, to the appropriate court committee.
Additionally, the Ministry of Justice in the Kingdom of Saudi Arabia offers the (Commercial Lawsuit Submission) service, allowing individuals to electronically file lawsuits through the Najiz portal.
- Log in to the Commercial Judiciary System.
- Select (Submit Lawsuit).
- Complete necessary details and then click (Finish).
- Keep the provided application number.
- The application will be reviewed by the court.
- Receive a mobile notification with the first hearing date.
Procedures for filing a commercial lawsuit.
To file a commercial lawsuit in Saudi Arabia, follow these steps:
- Determine the lawsuit type based on the claim amount:
- Expedited Lawsuit: For claims up to SAR 1 million.
- Regular Lawsuit: For claims exceeding SAR 1 million.
- Identify the competent court:
- Court of First Instance: For cases up to SAR 5 million.
- Court of Appeal: For cases exceeding SAR 5 million.
- Prepare and submit the lawsuit petition:
- Fill out the online form on the Ministry of Justice website.
- Attach required documents, including ID, company’s Articles of Association (if applicable), and payment receipt for fees.
- Serve the defendant:
- Serve an official notice to the defendant.
- Defendant must reply within 30 days.
- Attend court hearings:
- The court sets a hearing date.
- Both parties can submit memoranda and defenses.
- Expedited cases receive a judgment in a single session, while regular cases may take longer.
How do I file a Commercial lawsuit in Saudi Arabia?
To initiate a commercial lawsuit in Saudi Arabia, it is imperative to seek the assistance of a specialized lawyer who can file the lawsuit with the appropriate court on your behalf. Alternatively, you can opt to utilize the electronic filing system provided by the Ministry of Justice through the Najiz portal, following the aforementioned steps.
What is the law of the commercial courts?
The law of commercial courts relates to resolving disputes arising from commercial activities, such as business transactions, contracts, and trade relations. It encompasses legal principles and procedures aimed at efficiently and fairly resolving conflicts in commercial matters. These courts handle cases involving breach of contract in saudi arabia, business torts, intellectual property disputes, and other commercial issues.
In conclusion of our article.
Learn about 11 of Conditions of Filing a Commercial Lawsuit.
A clear understanding of the Conditions of Filing a Commercial Lawsuit is is vital for businesses and individuals seeking legal remedies in commercial disputes.
Seeking legal advice in Saudi Arabia from the best legal advisor in saudi arabia is advisable to navigate these requirements successfully and safeguard one’s rights in commercial litigation.
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