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The Kingdom Saudi Arabia (KSA) offers an attractive environment for investment and commercial activity. As cross-border transactions continue to increase, the need for a clear and reliable legal framework governing the enforcement of foreign court judgments and arbitral awards has become increasingly important. Saudi regulation, together with the international conventions to which the KSA is a party, set out the rules, procedures, and conditions applicable to such enforcement. This article outlines the applicable framework and key practical requirements for such enforcement.

1. Enforcement of Foreign Court Judgments and Orders

In KSA, applications for the enforcement of foreign judgments and orders fall within the jurisdiction of the Enforcement Judge. For an enforcement application to be accepted, both formal and substantive requirements must be satisfied, as set out in Article 11 of the Enforcement Law and its Implementing Regulations, mainly:

1. Principle of Reciprocity

Reciprocity is a fundamental requirement for the enforcement of foreign judgments in the Kingdom. This means that the courts of the state in which the judgment was issued must, in principle, recognize and enforce judgments issued by Saudi courts. The burden of proving reciprocity rests with the applicant for enforcement, pursuant to Article 6/11 of the Implementing Regulations of the Enforcement Law.

2. Substantive Requirements

Once reciprocity is established, the Enforcement Judge will verify the following:

• Jurisdiction: Saudi courts must not have exclusive jurisdiction over the dispute, and the foreign court issuing the judgment must have had jurisdiction in accordance with its own rules of international jurisdiction.
• Due Process: The parties must have been properly notified of the proceedings, duly represented, and given a genuine opportunity to present their defense.
• Finality: The judgment or order must be final and enforceable under the law of the issuing court.
• No Conflict: The judgment must not conflict with a prior judgment or order issued by a competent Saudi authority in respect of the same subject matter.
• Public Order: The judgment or order must not contravene Saudi public order, which is understood to include the principles of Islamic Shariah.

3. Required Documentation

Pursuant to Article 1/11 of the Implementing Regulations of the Enforcement Law, the applicant must submit the following:

• The original foreign judgment or order, or a certified true copy thereof, apostilled or legalized up to the source jurisdiction’s ministry of foreign affairs.
• Proof confirming that the judgment is final and enforceable (res judicata effect). This is satisfied through formal certification from the issuing court or competent authority, not by argument or legal opinion.
• In the case of a default judgment, proof of proper service or notification of the defendant.
• Certified Arabic translations of all documents. In practice, this requirement is best satisfied by using sworn translators licensed in Saudi Arabia, as their translations are readily accepted by Saudi enforcement courts and minimize procedural objections.

1. Enforcement of Judgments Issued by GCC Courts

Judgments issued by courts of the Gulf Cooperation Council (GCC) member states benefit from a simplified enforcement regime under the GCC Convention for the Enforcement of Judgments, Judicial Delegations, and Judicial Notifications. Article 3 of the GCC Convention provides that a judgment issued in one member state is enforceable in the other member states provided it is enforceable in the state of origin.

Article 9 of the GCC Convention specifies the required documents for GCC judgments:

1. An official, complete, and certified copy of the judgment.
2. A certificate confirming that the judgment has acquired res judicata effect.
3. Proof of service of the judgment in cases of default judgments.

III. Enforcement of Foreign Arbitral Awards

Foreign arbitral awards constitute enforceable instruments in Saudi Arabia pursuant to Article 9 of the Enforcement Law. Enforcement is further facilitated by the KSA’s accession to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

1.Enforcement Procedure

An enforcement application is submitted to the competent Enforcement Judge.

The Saudi Enforcement Judge verifies that the award satisfies the enforcement requirements set out in Article 11 of the Enforcement Law (where no treaty applies) or the conditions of the New York Convention.

Upon satisfying the requirements, the enforcement stamp is affixed to the arbitral award.

2.Required Documentation for Foreign Arbitral Awards

In line with the New York Convention and Article 53 of the Saudi Arbitration Law, the following must be submitted:

• The original arbitral award or a certified copy thereof.
• The original arbitration agreement or a certified copy thereof.
• Certified Arabic translations of the above documents.

The Saudi Ministry of Justice Circular No. (13/T/8086) confirms that the Enforcement Judge has exclusive jurisdiction to verify compliance with enforcement requirements for foreign arbitral awards and to issue the enforcement order.

1. Key Takeaways

KSA has established a comprehensive and structured legal framework for the enforcement of foreign judgments and arbitral awards, striking a careful balance between national sovereignty and international judicial cooperation. The Kingdom’s approach reflects a clear policy direction toward facilitating enforcement, particularly through its commitments under international and regional conventions, supporting Saudi Arabia’s international positioning as a reliable and credible hub for international commerce and dispute resolution.