Enforcement of Foreign Judgments Comparative Guide

1 Legal and judicial framework

1.1 Which legislative and regulatory provisions govern the recognition and enforcement of foreign judgments in your jurisdiction?

The enforcement of foreign judgments is governed by the following laws:

• The Enforcement Law, issued by Royal Decree M53/1433, establishes the procedural framework for the enforcement of judgments (excluding those related to criminal and administrative matters). Article 2 states that the law applies to all enforceable documents defined under Article 9 (including judgments, judicial orders, arbitral awards and attested documents issued in foreign countries). Article 12 grants the enforcement courts jurisdiction to enforce foreign awards.
• The Enforcement Law is complemented by implementing regulations issued under Ministerial Resolution 526/1439, which provide further details on enforcement procedures.
• For judgments involving administrative entities, the Administrative Enforcement Law before the Board of Grievances, issued by Royal Decree M/15, governs enforcement. Article 4 specifies the types of enforceable documents that may be enforced, including:
• • final or urgent judgments issued by administrative courts;
  • final or urgent judgments to which an administrative entity is a party;
  • notarised contracts to which an administrative entity is a party;
  • arbitral awards to which an administration authority is a party; and
  • commercial instruments to which a government entity is a party.
• The Administrative Enforcement Law is further supported by its Implementing Regulations, as approved by Administrative Judicial Council Resolution 2/1445/tenth.

Additionally, international treaties, agreements and conventions that Saudi Arabia has ratified will apply.

1.2 Which bilateral and multilateral instruments on the recognition and enforcement of foreign judgments have effect in your jurisdiction?

Saudi Arabia is a signatory to the following bilateral and multilateral instruments:

• The 1996 Gulf Cooperation Council (GCC) Convention for the Execution of Judgments, Delegations, and Judicial Notifications facilitates the enforcement of judgments and arbitral awards between Saudi Arabia and the other GCC member states of the Arab League that have ratified the Convention (ie, Egypt, Iraq, Jordan, Kuwait, Libya, Syria and the United Arab Emirates).
• The 1983 Riyadh Arab Agreement for Judicial Cooperation governs the recognition and enforcement of foreign judgments and arbitral awards among signatory countries. This agreement prohibits a review of the underlying dispute's merits, provided that such judgments or arbitral awards do not violate:
• • public order, morality or the constitution of the enforcing state; or
  • the overriding principles of Sharia law.
• The 1966 Convention on the Settlement of Investment Disputes Between States and Nationals of Other States applies to the recognition and enforcement of arbitral awards arising from investment disputes between states and nationals of other states. This convention is focused on disputes falling within its defined scope and is binding on contracting states.
• Saudi Arabia is a signatory to the 1958 New York Arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Awards and has invoked the reciprocity reservation. This limits the recognition and enforcement of awards to those rendered in the territory of another contracting state that reciprocally enforces Saudi awards.

1.3 Which courts have jurisdiction to hear applications for the recognition and enforcement of foreign judgments?

The enforcement courts have jurisdiction to hear applications for the enforcement of judgments, except for those related to administrative and criminal matters (Article 2 of the Enforcement Law).

The Administrative Enforcement Court, under the Board of Grievances, has jurisdiction over the enforcement of:

• final or urgent judgments issued by administrative courts;
• final or urgent judgments to which an administrative entity is a party;
• arbitral awards to which an administrative entity is a party;
• contracts to which an administrative entity is a party; and
• commercial instruments to which an administrative entity is a party (Article 4 of the Administrative Enforcement Law).

The enforcement of criminal judgments falls under the jurisdiction of the administrative governor, as stipulated in Article 216 of the Criminal Procedure Law.

2 Requirements for enforceability

2.1 What types of judgments may be recognised and enforced in your jurisdiction? Are any types of judgments specifically precluded from enforcement?

The Enforcement Law empowers the enforcement courts to recognise and enforce both domestic and foreign judgments, with the following exceptions:

• judgments issued in administrative and criminal matters (Article 2);
• judgments that do not qualify as enforceable documents under Article 9;
• foreign judgments that fail to meet the specific conditions outlined in Article 11; and
• judgments in rem relating to Saudi real property. Article 11 of the Enforcement Law's Implementing Regulations provides that foreign judgments or orders may not be enforced in cases falling within the exclusive jurisdiction of Saudi courts and explicitly refers to lawsuits in rem involving real property located in Saudi Arabia.

Under the Administrative Enforcement Law before the Board of Grievances, the Administrative Enforcement Court can recognise and enforce certain judgments issued in administrative matters, such as:

• final or urgent judgments issued by administrative courts;
• final or urgent judgments to which an administrative entity is a party;
• arbitral awards to which an administrative entity is a party;
• contracts to which an administrative entity is a party; and
• commercial instruments to which an administrative entity is a party (Article 4 of the Administrative Enforcement Law before the Board of Grievances).

Certain criminal judgments can be enforced in Saudi Arabia where permitted under applicable international treaties, such as the Riyadh Arab Agreement for Judicial Cooperation.

2.2 Must a foreign judgment be final and binding before it can be enforced?

Article 11(3) of the Enforcement Law stipulates that to be enforceable in the enforcement courts, a judgment or order must have become final and binding according to the law of the issuing court.

Similarly, under the Administrative Enforcement Law, a foreign judgment must generally be final and binding to be enforced. However, Article 4 of the Administrative Enforcement Law provides an exception, allowing for the enforcement of a foreign judgment to which the administration is a party if it is classified as urgent.

2.3 Is a foreign judgment enforceable if it is subject to appeal in the foreign jurisdiction?

A foreign judgment that is subject to appeal will not meet the legal requirement of finality (see question 2.2) and thus will not be enforceable in Saudi Arabia. However, Article 4 of the Administrative Enforcement Law provides an exception, allowing for the enforcement of a foreign judgment to which the administration is a party if it is classified as urgent. Such urgent judgments can bypass the need for finality due to their temporary or immediate nature.

2.4 What is the limitation period for making an application for recognition and enforcement?

There is no specific limitation period in Saudi Arabia for making an application for recognition and enforcement of a foreign judgment, unless the judgment involves an administrative entity (see below). However, for foreign judgments, the Saudi courts may take into account whether the judgment is still enforceable under the law of the issuing jurisdiction. This consideration forms part of the court's assessment of the validity and enforceability of the judgment under Article 11 of the Enforcement Law.

For judgments or orders involving administrative entities, Article 8 of the Administrative Enforcement Law establishes specific time limits. The applicant must demand that the administrative entity satisfy the judgment or fulfil the rights stipulated in the enforceable document within 10 years of:

• the date on which the judgment became final; or
• the date on which the rights arose.

After making the demand, the applicant must wait 30 days before filing a petition for enforcement. However, this waiting period is reduced to five days if:

• the judgment is classified as urgent; or
• exceptional provisions apply.

Rejection of a petition for enforcement due to the lapse of these procedural deadlines does not terminate the underlying obligation. Article 9 of the Administrative Enforcement Law clarifies that the obligation remains valid and the applicant may still pursue enforcement through other procedural avenues.

3 Recognition and enforcement process

3.1 Is recognition of a foreign judgment a separate process from enforcement and does it have separate legal effects?

In Saudi Arabia, recognition of a foreign judgment is not a separate process from enforcement. Recognition is embedded within the enforcement process, whereby the court evaluates the foreign judgment to ensure that it meets the conditions set out in Article 11 of the Enforcement Law.

The process begins when the applicant submits the foreign judgment to the enforcement court for enforcement. For countries that are not party to the Hague Apostille Convention, certification by the Saudi embassy in the issuing country, followed by ratification by the Ministry of Foreign Affairs and the Ministry of Justice in Saudi Arabia, is required. For countries that are members of the Hague Apostille Convention, an apostille certificate replaces embassy and foreign affairs certification, requiring only:

• ratification by the Ministry of Justice; and
• an Arabic translation by a licensed Saudi translator.

Once these formalities are completed, the court will review the judgment to confirm compliance with the requirements under Article 11. If the judgment satisfies these conditions, the court will issue an Article 34 order, directing the counterparty to comply with the judgment. This step constitutes recognition of the foreign judgment.

Recognition through this process grants the judgment legal effect in Saudi Arabia. However, actual enforcement – such as asset attachment or payment recovery – will depend on:

• the availability of the debtor's assets; and
• further court actions.

Recognition and enforcement are thus closely linked, with no standalone recognition process or independent legal effects outside the enforcement framework.

There are many ways of enforcing a judgment under the Enforcement Law, including:

• provisional attachment (Articles 23-33);
• enforceable attachment (Articles 34-48);
• sale of attached property (Articles 49-59);
• third-party debt orders (Articles 60-67);
• direct enforcement (Articles 68-72); and
• procedures applicable in the event of insolvency of the party against which the award is to be enforced (Articles 77-92).

3.2 What is the formal process for recognition and enforcement?

The enforcement procedure under Article 34 of the Enforcement Law Implementing Regulations is as follows:

• After an enforcement request is submitted (see question 3.3 for the required documents) through the online portal for a Najiz application on the Ministry of Justice website, the enforcement court will review the request procedurally and refer it to an enforcement judge. This process typically takes a few days.
• The enforcement judge will assess whether the statutory conditions for the request are satisfied. If the conditions are met, the judge will affix the seal of enforcement to the document, including:
• • the phrase "Enforcement Document";
  • the name of the court; and
  • the name and signature of the enforcement judge.
• The enforcement judge will promptly issue the enforcement order (Article 34 decision) to the debtor, attaching a stamped true copy of the enforceable document. The court's enforcement officer will then prepare a notice to be served to the debtor. Such service can take place electronically.
• If the debtor is not served within 20 days of the issuance of the enforcement order, the judge will order immediate publication of the notification in the most widely circulated newspaper in the court's area.
• For non-residents with assets in Saudi Arabia, the Ministry of Foreign Affairs will serve the notification. The notification period may be extended by an additional 60 days. If the notification is not successfully served within this extended period, the enforcement order will be published in a widely circulated newspaper in the court's area (Article 34(23)).
• If the debtor refuses to accept service of the notification, the refusal will be recorded and the debtor will be deemed served (Article 34(12)).
• After issuance of the enforcement order, the debtor is granted five days to comply. This period begins on the day after notification is served, whether personally or through publication (as per Article 34). If the debtor fails to comply within this timeframe, the enforcement judge is authorised to:
• • enforce directly against the debtor's assets, including withdrawing cash from the debtor's bank accounts; and
  • impose sanctions under Article 46, which may include:
  • • travel bans;
    • asset freezes; and
    • other enforcement measures.

The enforcement process for judgments against administrative agencies under Articles 10-15 of the Enforcement Law Before the Board of Grievances is as follows:

• The Enforcement Circuit, immediately upon referral of the request of enforcement to it, will issue a notice to the relevant government entity seeking its voluntary compliance with the ruling issued against it within a period not exceeding five days in urgent judgments and 30 days otherwise from the date of notification of the warning, unless the Enforcement Circuit deems it necessary to specify a shorter period (Article 10).
• The administrative entity, before the issuance of an enforcement order, may request guidance from the Enforcement Circuit on the measures required to comply with the judgment (Article 14). However, such a request or issuance of guidance does not suspend ongoing enforcement proceedings or deadlines (Article 15).
• If the administrative agency fails to comply with the notice or explicitly refuses to comply, the Enforcement Circuit will issue an enforcement order requiring compliance. This order will specify the measures required for implementation, including administrative actions necessary to enforce the judgment (Article 12).
• If non-compliance persists, the Enforcement Circuit may also notify the Oversight and Anti-Corruption Authority to consider initiating disciplinary measures, if necessary, against the relevant government entity by investigating the reasons for the non-compliance with these judgments (Article 10(4) of the Implementing Regulations to the Enforcement Law Before the Board of Grievances).
• If it appears that the delay in enforcement is caused by the Ministry of Finance, the Enforcement Circuit may:
• • issue the Ministry of Finance with a warning; and
  • apply the procedures stipulated in the law against it (Article 13).

3.3 What documents are required in support of an application for recognition and enforcement?

Further to the enforcement form required under Article 34(2) of the Enforcement Law, the following documents are required for recognition and enforcement of the judgment or order:

• the original judgment/order or a certified copy thereof;
• a certificate stating that the judgment/order has become final and enforceable, unless this is explicitly stated in the judgment/order itself; and
• a copy of the judgment notice certified as a true copy or other documentation establishing that the defendant has been duly notified of the case and the judgment (Article 11(2) of the implementing regulations to the Enforcement Law).

All documents must be translated into Arabic by a certified translator in Saudi Arabia. For non-Hague Apostille Convention countries, documents must be certified by the competent authorities in the applicant's home country, followed by certification by:

• the Saudi Arabian embassy;
• the Saudi Ministry of Foreign Affairs; and
• the Saudi Ministry of Justice.

For Hague Apostille Convention countries, an apostille certificate is sufficient, eliminating the need for certification by the Saudi embassy and the Saudi Ministry of Foreign Affairs. However, certification by the Saudi Ministry of Justice and compliance with translation requirements remain necessary.

3.4 What fees are payable for recognition and enforcement?

The fees associated with the recognition and enforcement of a foreign judgment in Saudi Arabia include the following.

Document certification costs: For countries that are members of the Hague Apostille Convention, an apostille certificate is required, which replaces embassy and Ministry of Foreign Affairs certifications. These costs vary by country, depending on the issuing authority's fees.

For countries that are not party to the Hague Apostille Convention, the applicant must bear the cost of certification by:

• the competent authorities in the issuing country;
• the Saudi embassy in that country; and
• the Saudi Ministry of Foreign Affairs.

Certification by the Ministry of Foreign Affairs in Saudi Arabia is subject to a fee of SAR 30 per document. While the documents must be stamped by the Ministry of Justice, there are no fees for this service.

Translation costs: Foreign judgments must be translated into Arabic by a licensed Saudi translator. Translation costs vary depending on the service provider. The translated document must be attested by the Chamber of Commerce, with an attestation fee of approximately SAR 35 per document.

Judicial costs: Judicial costs are payable under Article 5 of the Judicial Costs Implementing Regulations:

• For non-monetary enforcement requests (eg, transfer of movable assets), the cost is estimated at SAR 500.
• For monetary enforcement requests, judicial costs are 2% of the value of the claim, with a minimum of SAR 500 and a maximum of SAR 10,000.
• These costs are borne by the party against which enforcement is sought, unless the applicant's claim is denied. If the applicant is only partially entitled to its claim, it will bear the costs in proportion to that part of the claim not granted.

Publication fees: As mentioned in question 3.2, if the court orders notification of the debtor by way of publication (eg, in newspapers), the publication fees are approximately SAR 400.

Expert fees: If the court assigns an expert during the enforcement proceedings (eg, to assess the value of assets or claims), the associated costs are incurred by the party against which the judgment is enforced.

3.5 Is the applicant required to provide security for costs?

The law does not require the applicant to provide security for costs.

3.6 How long does it usually take to obtain a declaration of enforceability?

It typically takes less than 10 days to obtain a declaration of enforceability.

After the applicant has submitted an enforcement request through the online portal for a Najiz application on the Ministry of Justice website, the enforcement court will procedurally review the request and then refer it to an enforcement judge. This typically takes between one and four days.

If the enforcement judge is satisfied that all statutory conditions have been met, they will promptly issue an enforcement order pursuant to Article 34 of the Enforcement Law, which may take between one and six days.

Once the enforcement order has been issued, the debtor will have five days to comply with the order, starting from the day after the notice is served or published.

3.7 Can the applicant seek injunctive relief while the process is ongoing?

The Enforcement Law allows the applicant to request an interim order for the provisional attachment of the debtor/defendant's assets:

• to avoid any imminent harm (eg, funds being transferred or smuggled); or
• where the debtor/defendant does not have a consistent address in Saudi Arabia (Article 24).

This request can be made:

• before submitting the substantive application;
• with the substantive application;
• within 10 days of the interim order; or
• during the enforcement proceedings.

Once the interim order has been granted, the garnishee must, within 10 days of notification of the interim order:

• disclose all debts owed to the debtor/defendant; and
• deposit the relevant amounts into the court's account within the same prescribed period, upon notification of the order's validity (Article 27).

The applicant must file a claim to prove the validity of its rights within 10 days of the date of the interim order's validity; otherwise, the order will be dismissed (Article 31).

The Administrative Enforcement Law and its Implementing Regulations provide two mechanisms for the applicant to seek injunctive relief while the enforcement process is ongoing.

Under Article 26 of the law, the applicant may file an enforcement dispute that includes a request to temporarily stay enforcement or proceed with it. These requests are classified as summary cases, ensuring that they are handled expeditiously. If the court issues a ruling to temporarily stay enforcement, all related procedures and grace periods are suspended until the matter has been resolved.

Article 27 clarifies that enforcement disputes cannot challenge the underlying judgment itself; they are limited to issues relating to enforcement. However, if there is a formal objection to the judgment and the court with jurisdiction issues a suspension order, this also results in the suspension of all related enforcement procedures and grace periods. During this suspension, no new disputes or petitions can be filed until the objection has been resolved.

4 Defences

4.1 On what grounds can the defendant challenge recognition and enforcement of a foreign judgment?

The defendant may challenge recognition and enforcement of the judgment on the following grounds, as provided under Article 11 of the Enforcement Law:

• There is no established reciprocity between Saudi Arabia and the jurisdiction where the judgment was issued. The party seeking enforcement bears the burden of proving reciprocity.
• The subject matter of the judgment falls under the exclusive jurisdiction of the Saudi courts.
• The foreign court lacked jurisdiction to issue the judgment in accordance with the rules of international judicial competence established under its own legal system.
• The parties in the lawsuit were not duly served, properly represented or given the opportunity to present their case in the proceedings that led to the judgment.
• The judgment is not final under the law of the foreign court that issued it.
• The judgment conflicts with a decision issued in the same matter by a competent Saudi court.
• The judgment conflicts with Saudi public order or legal principles.

The defendant may also challenge enforcement on other grounds unrelated to the recognition of the judgment. These include:

• proving that the debt has already been satisfied (paid in full);
• establishing that the debt was offset against another debt; or
• demonstrating that the person seeking enforcement action lacks legal capacity, such as when the debt has been transferred to another party.

Depending on applicable international treaties – such as the Gulf Cooperation Council Convention or the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards – additional grounds for objection may be available. These grounds are treaty specific and must align with the terms of the relevant convention.

4.2 What is the limitation period for filing a challenge?

There is no limitation period for the defendant to file a challenge against the applicant's enforcement request, which:

• is separate from the enforcement court's judgment; and
• includes any dispute related to verifying the formal regulatory conditions of the enforcement instrument, including claims of:
• • document forgery; or
  • denial of the signature on the document (Article 3.1 of the Implementing Regulations).

However, the defendant will typically want to submit the challenge within five days of the submission to avoid enforcement measures such as freezing of bank accounts, as provided in Article 46 of the Enforcement Law. If the debtor has sufficient cash funds in its accounts, enforcement is carried out quickly. However, if funds are insufficient to cover the debt, enforcement on other assets – such as land, property or shares – takes much longer, providing the debtor with additional time to file an enforcement challenge during this period.

While decisions of the enforcement court are generally not open to appeal, there is a deadline to appeal specific decisions rendered by the enforcement judge under Article 6 of the Enforcement Law (which include enforcement disputes), within a 10-day period according to Article 187 of the Civil Procedure Law, because they fall under the category of 'urgent judgments'.

4.3 Can the defendant seek injunctive relief to prevent enforcement while a challenge is pending?

Under Article 10 of the Enforcement Law, enforcement is automatically suspended if an appeal is permissible. However, this suspension does not apply if:

• the judgment or order is self-executing; or
• self-execution is explicitly provided for under relevant laws.

In such cases, the defendant cannot rely on an appeal alone to suspend enforcement but may seek other forms of injunctive relief.

In cases where automatic suspension does not apply, certain provisions of the Civil Procedure Law allow for additional mechanisms for seeking suspension during appeals or other challenges.

For example, Article 170 enables the court to suspend enforcement during the objection process (eg, during an appeal) if it finds that:

• the grounds for objection could result in the reversal of the judgment; and
• enforcement could cause substantial damage.

Similarly, Articles 197 and 202 of the Civil Procedure Law address specific scenarios involving:

• appeals to the Supreme Court; and
• petitions for reconsideration.

These provisions clarify that filing such challenges does not automatically suspend enforcement, but the court may grant a suspension upon request if substantial damage is possible. However, these provisions are secondary to the Enforcement Law and apply in limited circumstances.

Under the Administrative Enforcement Law, Article 22 allows the defendant to request the suspension of enforcement deadlines for compelling reasons. Suspension may be granted for up to six months and can be extended (by agreement) to a maximum of 12 months. Article 26 enables defendants to raise an execution dispute, which may include a request for temporary suspension of enforcement. If the court grants this request, all enforcement procedures and deadlines are suspended until the dispute is resolved. Article 28 allows defendants to request a stay of enforcement if there is ambiguity or confusion in the judgment that prevents execution. The suspension remains in place until the court issues an interpretation.

5 Court analysis and decision

5.1 Will the court review service of process in the initial proceedings?

Yes, the enforcement judge may not issue a judgment/order without ensuring that the parties to the dispute have:

• had an opportunity to present their case;
• been duly served; and
• been properly represented (Article 11(2) of the Enforcement Law).

5.2 Will the court review the jurisdiction of the foreign court in the initial proceedings?

Yes, the enforcement judge must verify that the foreign court had proper jurisdiction to issue the judgment. This includes ensuring that the dispute does not fall under the exclusive jurisdiction of the Saudi courts, as stipulated in Article 11(1) of the Enforcement Law. Only if these conditions are satisfied can the foreign judgment proceed to enforcement in Saudi Arabia.

5.3 Will the court review the foreign judgment for compliance with applicable law and public policy?

Yes, the enforcement judge must ensure that the foreign judgment/order does not:

• conflict with any judgment/order issued by a competent court in Saudi Arabi on the same subject matter (Article 11(4) of the Enforcement Law); or
• contradict Saudi Arabia's public order (Sharia) (Article 11(5) of the Enforcement Law).

For instance, if part of the foreign judgment involves interest (usury), this part of the judgment will not be enforced.

5.4 Will the court review the merits of the foreign judgment?

No, the enforcement judge is not entitled to:

• review the merits of the foreign judgment; or
• re-examine the case.

5.5 How will the court proceed if the foreign judgment conflicts with a previous judgment in relation to the same dispute between the same parties?

In accordance with Article 11(4) of the Enforcement Law, the enforcement judge must not enforce a foreign judgment if it conflicts with another judgment or order issued on the same subject by a Saudi court.

5.6 Are there any other grounds on which the court may refuse to recognise and enforce the foreign judgment?

Further to the grounds set out under question 4.1, the court may refuse to recognise and enforce the judgment in accordance with Article 11 of the Enforcement Law. The enforcement judge must also ensure that the foreign judgment/order is:

• valid, enforceable, final and actual; and
• for a due and ascertained right (Article 9 of the Enforcement Law).

5.7 Is partial recognition and enforcement possible?

Under Article 15 of the Enforcement Law, partial enforcement is permitted in cases where the debtor acknowledges part of the claim. In such scenarios, the enforcement judge may deem the undisputed portion as an enforcement document and proceed to enforce it, while the disputed portion is left unresolved. The creditor may then pursue the contested portion through further legal proceedings before the competent court.

For foreign judgments, while Article 15 provides a mechanism for partial enforcement, the recognition and enforcement of such judgments are also subject to the conditions outlined in Article 11 of the Enforcement Law (see Articles 5.1-5.6). The enforcement judge must ensure that these requirements are met before proceeding with partial enforcement of any portion of a foreign judgment.

While the Administrative Enforcement Law does not explicitly address partial recognition and enforcement, Article 11(2) of the Implementing Regulations of the Administrative Enforcement Law provides for the possibility of partial enforcement. This provision grants the Enforcement Circuit the authority to take measures that result in partial enforcement of an instrument when full enforcement is not feasible or practical.

5.8 How will the court deal with cost issues (eg, interest, court costs, currency issues)?

Foreign currency must be converted into Saudi riyals before submitting an enforcement application. This conversion is carried out using the currency calculator provided by the Saudi Central Bank and evidence of the conversion must be submitted with the application. Enforcement in the Saudi courts is conducted exclusively in Saudi riyals. The applicable exchange rate is determined at the discretion of the judge, who may choose to apply the rate from either:

• the date on which the foreign judgment was issued; or
• the date on which the enforcement application was submitted.

Interest awarded in foreign judgments is excluded from enforcement in Saudi Arabia as it is deemed contrary to public order and prohibited under Islamic law, which classifies interest as usury. Article 11 of the Enforcement Law states:

This is further clarified by Royal Decree 44982, which defines 'public order' as "the fundamental principles of Islamic law based on the Quran and Sunnah".

The court costs for filing a direct enforcement request are SAR 500. For other enforcement requests, the costs are set at 2% of the claimed amount, provided that the fees are no less than SAR 500 and do not exceed SAR 10,000. These costs are generally borne by the judgment debtor, unless the enforcement applicant is found not to be entitled to its claim. In such cases, the applicant bears the full court costs. If the applicant is found to be entitled to only part of its claim, it will responsible for a proportion of the court costs corresponding to that part of the claim to which it was not entitled.

6 Appeals

6.1 Can decisions in relation to the recognition and enforcement of foreign judgments be appealed?

Under the Enforcement Law, judgments relating to enforcement disputes (eg, the enforcement judge's decision to abstain from enforcement or to proceed with enforcement if disputed by the debtor, to halt the process once begun, to postpone enforcement, to give debtor time to pay or to permit the debtor to pay in instalments) can be subject to appeal, with the appeal judgment being final. All decisions of the enforcement judge are otherwise final (Article 6 of the Enforcement Law). If an enforcement judge rejects an application to enforce a foreign award or judgment after determining that the instrument does not comply with the requirements under the Enforcement Law, this decision cannot be appealed. However, there is nothing to prevent the applicant from filing a new enforcement application if it can subsequently provide evidence to satisfy the Enforcement Law requirements.

Under the Administrative Enforcement Law, judgments can be appealed before the competent administrative court of appeal, following the rules and procedures governing administrative court appeals. However, procedural decisions and orders issued by the enforcement court (eg, relating to the seizure and sale of assets, or referring a matter to a competent court for consideration) are final and cannot be appealed.

6.2 Can the applicant seek injunctive relief while the appeal is pending?

Please see question 3.7.

7 Enforcing the foreign judgment

7.1 Once a declaration of enforceability has been granted, how can the foreign judgment be enforced?

Once the judgment is marked with the enforcement seal, enforcement commences with notification of the enforcement order to the debtor in accordance with Article 34. If the debtor cannot be reached, notification may be published. The enforcement judge may then compel disclosure of the debtor's assets under Article 16, requiring relevant authorities or asset custodians to provide information about the debtor's property within 10 days, as specified in Article 17.

The judge is empowered to order:

• provisional attachment (Articles 23-33);
• enforceable attachment to secure the judgment amount (Articles 34-48); and
• the sale of attached assets via public auction (Articles 49-59).

If the debtor fails to comply within five days of receiving the enforcement order, as per Article 46, the judge may impose mandatory sanctions. These include:

• travel bans;
• disclosure of assets; and
• restrictions on financial institutions dealing with the debtor.

Under Article 46(5), the judge may also order the disclosure of assets held by third parties, such as the debtor's spouse or children, if there is evidence of concealment.

Additional sanctions under Articles 68-72 include fines of up to SAR 10,000 per day for non-compliance. If the debtor continues to resist, imprisonment may be imposed to compel compliance under Article 70. For obligations requiring specific performance or cessation of an act, the enforcement judge can involve law enforcement agencies (Article 68).

Enforcement against government entities: For government entities under the Administrative Enforcement Law, enforcement begins upon acceptance of an enforcement request (Article 6), and the obligated party is notified to comply within the specified timeframe (30 days for standard cases or five days for urgent matters, as stipulated under Article 10). If the obligated party fails to comply, the enforcement department will proceed with enforcement measures, including:

• issuing an enforcement order (Article 12);
• mandating disclosure and attachment of assets (Article 17); and
• imposing sanctions such as fines or other penalties (Articles 20 and 30).

The regulations provide additional provisions to enhance enforcement mechanisms. The enforcement department may request guidance on implementation procedures for administrative bodies (Article 14), and this guidance does not suspend enforcement timelines (Article 15). If compliance is delayed due to reasons attributable to the Ministry of Finance, such as failure to allocate funds, the enforcement department may issue a notice to the ministry and apply enforcement measures directly against it (Article 13).

7.2 Can the foreign judgment be enforced against third parties?

Foreign judgments cannot be enforced directly against third parties under either the Enforcement Law or the Administrative Enforcement Law, and enforcement is limited to the parties named in the judgment and their assets. However, both laws allow for the attachment of the debtor's assets held by third parties (eg, Article 60 of the Enforcement Law and Article 17 of the Administrative Enforcement Law).

8 Trends and predictions

8.1 How would you describe the current enforcement landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

The enforcement framework in Saudi Arabia is currently undergoing a period of review and reform. Following the publication of a draft New Enforcement Law on the Istitlaa (Public Consultation) platform on 9 May 2021, the law remains under review and has not yet been formally issued.

Key features of the draft New Enforcement Law include:

• abolishing the enforcement detention of defaulters in financial rights;
• cancelling the suspension of government services; and
• prohibiting financial transactions with defaulters in financial rights.

The objectives of the draft reforms of the New Enforcement Law include:

• enhancing the efficiency of the enforcement authority;
• facilitating the enforcement of contracts;
• achieving swift justice while ensuring a fair balance in delivering rights;
• reinforcing preventive justice;
• regulating executive contracts;
• strengthening the assignment of non-judicial tasks to the private and non-profit sectors without compromising guarantees;
• enhancing digital transformation; and
• streamlining enforcement procedures without compromising quality and judicial guarantees.

In April 2025, the Ministry of Justice proposed amendments to the Implementing Regulations of the Enforcement Law, including:

• limiting sanctions against defaulters to travel bans only (cancelling broader prohibitions on dealings with government and financial entities);
• enabling direct enforcement measures in cases involving custody disputes; and
• extending the payment deadline for successful auction bidders to 30 working days.

These proposed regulatory reforms demonstrate the government's ongoing efforts to modernize and streamline enforcement processes. However, the broader legislative reform of the Enforcement Law itself remains pending as of the date of this publication.

9 Tips and traps

9.1 What are your top tips for smooth recognition and enforcement of foreign judgments, and what potential sticking points would you highlight?

• To avoid complications, ensure that any interest awards are clearly separated from the principal sum. This is crucial because enforcement courts in Saudi Arabia will not recognise interest awards as enforceable due to Sharia principles. This separation facilitates enforcement of the principal sum without delays.
• Ensure that you retain clear and documented proof of proper service of the original claim and all related legal documents on the counterparty. This evidence is critical to demonstrate that the defendant was duly notified, particularly in cases where the defendant did not participate in the proceedings despite being notified.
• If a default judgment is likely, consider applying for a reasoned judgment instead. Default judgments can sometimes face challenges during enforcement, as they may be treated as equivalent to judgments in absence. A reasoned judgment adds weight and clarity to the enforceability of the decision.
• Prepare to address reciprocity issues. If there is no treaty of reciprocity between Saudi Arabia and the jurisdiction in which the judgment was issued, you must provide evidence that Saudi judgments are enforceable in that jurisdiction. This often requires obtaining a court statement from the foreign jurisdiction affirming such enforceability. This step is critical to overcome the reciprocity requirement under Saudi law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.