Salem Khalaf Al Shammari Advocacy & Notarization · Licence 46813

Commercial litigation

Questions on lawsuits & hearings

4 questions on lawsuits & hearings. Each answer starts with the bottom line, then gives the condition or detail that changes it, and every question has its own link to copy and send. Where the answer turns on your own papers, you will find a button to ask about your case.

Author: Salem Khalaf Al Shammari 4 questions

  1. What is the difference between a claim for termination and a claim for compensation?

    Termination ends the contract and puts the parties back where they were; compensation makes good a loss that has actually occurred. The two can be sought together, and sometimes one makes the other unnecessary. So the right remedy is chosen before filing, not after.

    SourceCivil Transactions Law, Art. 107 (Ministry of Justice legal portal)

    Read moreTermination and compensation: defining your remedy before the dispute startsThe Penalty Clause: When It Works for You and When the Judge Cuts ItBefore filing a claim in Saudi Arabia: five things worth checking

  2. Can I ask for time to respond to new documents or defences?

    Yes. Ask for a reasonable adjournment, explaining why you need it and how it affects your defence. The court decides whether it is needed and for how long. Repeated adjournments to answer the same point should not be expected without an excuse the court accepts.

  3. Must the court examine the parties before closing the pleadings?

    No. Examining the parties is not a general precondition to every judgment. The pleadings close once argument is complete, with due regard to the right of defence. Examination as a means of proof is different from the court asking the parties whether they have anything to add.

  4. Can the pleadings be reopened after they have closed?

    Yes, you can ask for this before judgment is pronounced, for an acceptable reason such as dealing with a material document. The court decides. Once judgment has been issued, the answer lies in the appropriate route of appeal.

    Read moreAppealing a judgment: what to review before drafting

These answers are brief general information. They are no substitute for a review of the facts and documents of a particular matter.

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