Jurisdiction Control When Executing Foreign Judgments in the Saudi System

Abstract

This research addresses the oversight of jurisdiction when enforcing foreign judgments under Saudi law by examining the legal and regulatory framework governing the enforcement of foreign judgments in the Kingdom. The research focuses on the concept of the enforcement of foreign judgments, its legal basis, and the challenges facing Saudi courts in enforcing these judgments. It also examines the oversight exercised by Saudi courts to ensure that foreign judgments are consistent with Saudi public order and Islamic law. Subsequently, the research presents proposals for developing judicial oversight by enhancing international judicial cooperation, developing national legislation, and utilizing modern technology to expedite procedures. The research also compares Saudi law with other legal systems, such as the French, Egyptian, and American systems, highlighting the practical challenges that may affect the enforcement of foreign judgments. The research reached a number of conclusions, the most important of which is the importance of judicial oversight. Judicial oversight in Saudi Arabia is considered a basis for ensuring that foreign judgments do not conflict with Saudi public order and Islamic law. There are also challenges in implementation, as the Saudi judicial system faces legal and technical challenges in implementing foreign judgments, especially in light of the cultural and legal differences between the systems. The research also reached a number of recommendations, the most important of which is strengthening international judicial cooperation. It is important for Saudi Arabia to continue strengthening cooperation with other countries by signing judgment enforcement agreements in a way that facilitates the implementation of foreign judgments in the Kingdom, especially with countries with strong trade relations. It is also important to develop national legislation, as national legislation must be updated to ensure greater flexibility in implementing foreign judgments, while maintaining adherence to Islamic law and Saudi public order.