Litigation Overview:

Litigation is a fundamental path to achieve justice and safeguard rights. It is the means established by the system to allow every rightful individual or legal entity to reach their legitimate goal. Litigation is not just a routine procedure; yet it is an integrated legal process that ensures the resolution of disputes when amicable solutions fail, giving each party the opportunity to present their case according to the provisions of laws and regulations. Since 1994, at Khalil and Osama Ibrahim Al Nami Attorneys and Legal Advisors, we have made this right the core of our services. Thirty years of litigation and representation at various courts and judicial committees in the Kingdom stand as a testament to our successful legal journey. Over these years, we have handled thousands of cases of all types and levels, achieving remarkable and fair outcomes for our clients, preserving their rights and strengthening their trust in the justice system. At Al Nami Company, we not only provide litigation services; we walk alongside our clients in pursuit of rights, supported by a seasoned legal team of licensed lawyers and legal consultants with vast expertise in various legal fields. We are committed to offering the best legal solutions and strategies to ensure our clients achieve their goals effectively, transparently, and with high professionalism, making litigation a stronghold for truth and a beacon of justice.

Types of Litigation in Courts and Committees, etc. in the Kingdom of Saudi Arabia:

The paths of litigation in the Kingdom of Saudi Arabia are diverse, encompassing different judicial systems that ensure justice and the preservation of rights as stipulated by the law. The courts are divided into specialized entities that handle cases according to their nature. Each court is considered a fundamental pillar in the judicial system, which is characterized by precision and comprehensiveness.

General Courts

General courts have jurisdiction over cases that do not fall within the scope of specialized courts. These courts serve as a broad judicial platform, addressing disputes related to real estate, civil matters, financial claims, and other issues not handled by specific courts. Their comprehensive approach reflects their crucial role in resolving various legal matters that individuals encounter within the legal framework.

Criminal Courts

Criminal courts handle criminal cases, including crimes stipulated by Islamic sharia law and the Saudi legal system, such as theft, assault, murder, and cybercrimes. These courts aim to achieve deterrence and maintain security through the issuance of fair rulings that consider sharia and law.

Personal Status Courts

Personal status courts are specialized judicial bodies responsible for resolving family disputes. They handle cases related to divorce, custody, alimony, and inheritance. These courts strive to promote family stability, protect the rights of all parties, and ensure the application of sharia principles in family matters.

Commercial Courts

Commercial courts specialize in disputes between merchants and companies, such as cases involving commercial contracts, competition, and bankruptcy. These courts play a vital role in enhancing the business and investment environment in the Kingdom by protecting commercial rights and regulating business operations in compliance with the laws.

Administrative Courts

Administrative courts are responsible for resolving disputes between individuals or companies and government entities. They ensure that executive authorities adhere to the applicable laws and regulations. These courts strengthen the rule of law and transparency in government dealings, granting individuals the right to challenge administrative decisions.

Enforcement Courts

Enforcement courts focus on executing final judicial rulings that have become conclusive. These courts ensure the enforcement of rights and the achievement of real justice by resolving disputes related to enforcement that may arise between the parties, such as the execution of financial judgments or alimony cases.

Administrative Enforcement Courts

Administrative enforcement courts oversee the execution of judgments against government entities to ensure full compliance with the law and effective implementation of administrative decisions. These courts serve as a guarantee of justice in cases where government entities fail to execute judgments.

Labor Courts

Labor courts are responsible for resolving disputes between employees and employers, including institutions and companies. These courts ensure that the rights of both parties are protected in accordance with applicable laws and regulations. They promote the principles of the rule of law, transparency, and compliance with statutory obligations for all parties involved.

Judicial and Quasi-Judicial Committees

Judicial and quasi-judicial committees are specialized bodies that handle disputes of a specialized nature not under the jurisdiction of traditional courts. Examples include the Banking Dispute Committees and the Capital Market Violation Committees. These committees are known for their flexibility and speed in resolving specialized disputes.

Arbitration Bodies

Arbitration bodies provide an alternative dispute resolution method outside traditional courts. Disputing parties appoint an independent arbitration panel to resolve the conflict. The decisions of these bodies are binding on both parties, offering a faster, more efficient solution that saves time and resources while fostering a strong arbitration culture in the business environment.

Mediation and Conciliation Authorities

Mediation and conciliation authorities aim to amicably settle disputes before reaching formal litigation stage. These entities help in reducing the number of cases brought before the courts by facilitating mutually acceptable solutions, promoting a culture of understanding and compromise between disputing parties.

Levels of Litigation in Courts, Committees, etc. within the Kingdom of Saudi Arabia:

The judicial system in the Kingdom of Saudi Arabia is characterized by three levels of litigation, ensuring absolute fairness and granting parties the right to appeal decisions within an integrated legal system.

First-Degree Court (First Instance Court)

The Court of First Instance is the initial gateway for litigation, where the plaintiff files their claim for the first time to demand their rights. This court is considered the competent authority to review the facts and evidences presented by the disputing parties and issues its preliminary judgment based on that. Courts of first instance cover various types of courts, such as general courts, criminal courts, personal status courts, commercial courts, and administrative courts, reflecting the comprehensiveness of the judicial system.

Second-Degree Court (Appeal Court)

The Court of Appeal represents the second level of litigation. Parties dissatisfied with the decisions of first-degree courts can appeal to this court. The appellate court reviews the initial judgments and has the authority to uphold, reverse, or amend them as deemed appropriate. This court serves as an additional safeguard to achieve justice, as it provides the parties with the opportunity to have their judgments reviewed by another judicial body.

Third-Degree Court (Supreme Court)

The Supreme Court sits at the top of the judicial hierarchy in the Kingdom, where it examines the conformity of issued judgments with the applicable Sharia and legal regulations. The Supreme Court is responsible for reviewing appealed judgments according to specific criteria outlined in the Code of Sharia Procedures. Its rulings are final and binding and can only be appealed in exceptional cases specified by the law, such as the presence of a clear Sharia or legal violation in the issued judgment.

Importance of Choosing Our Law Firm for Litigation and Advocacy Services

• Extensive Legal Experience

Our firm boasts nearly 30 years of legal expertise, excelling in providing litigation and advocacy services. We have distinguished ourselves in serving clients from corporations, banks, and individuals. We leverage this extensive experience to support your success, helping you overcome legal challenges and difficulties, and ensuring the best legal services to secure achieving justice and protecting your rights.

• High Professional Standards in Legal Services

We offer litigation and advocacy services with the highest level of professionalism through a specialized team of experienced consultants and lawyers. Our team meets your legal needs, supports your business, and contributes to its sustainable growth in a safe and stable legal environment.

• Trusted Legal Partner

Our firm is registered with the Ministry of Justice, the Ministry of Commerce, the Bar Association, the Ministry of Labor, and the Saudi Authority for Intellectual Property. This ensures our full compliance with local laws and regulations and demonstrates our ability to provide comprehensive legal services in line with national legal standards.

Mechanism of how we perform our litigation and advocacy work

We offer comprehensive litigation services, starting from the initial contact until the execution of final judgments, ensuring continuous follow-up until the enforcement of rights. Below is the process of our work:

1. Initial Communication and Case Assessment

We provide legal consultations and detailed assessments. We review the documents submitted by the client to ensure their completeness and accuracy, evaluate the client’s legal position, discuss available legal options, and identify potential risks.

2. Drafting Legal Pleadings

After a thorough study of the case, we draft the legal pleadings, which provide a full explanation of the client’s legal position. We share the draft pleading with the client for review and approval before filing the case.

3. Filing the Case through the Certified Litigation System

We file the case using the certified electronic system or other appropriate methods for the relevant courts or committees based on their jurisdiction.

4. Attending Hearings and Representing the Client before Litigation Bodies

We track the hearing schedules and attend them through our specialized lawyers. We review previous records, present oral and written responses, and submit legal memorandums for the case.

5. Preparing Legal Reports

We prepare detailed reports on the hearings and decisions issued through them. Additionally, we provide a monthly report that includes the latest updates on the case and monitor changes through the approved litigation platforms.

6. Appealing Judgments

We review judgments issued by first instance or appellate courts. If necessary, we file appeals within the legally specified deadlines.

7. Execution and Recovery

Once the judgment becomes final and enforceable, we submit execution requests and monitor the enforcement process of judgments in coordination with the authorized execution authorities to ensure justice and recover the client’s rights.