Commercial Litigation

Our litigation practice is involved in ground-breaking legal actions on a daily basis. As the leading firm in the Kingdom, we have represented clients in many of the largest and most complex disputes in Saudi Arabia.

Prominent recent cases include the enforcement of a US$2billion foreign judgment against Maan AlSanea; defending Deloitte in the actions brought against in the jurisdiction of both the CMA and Board of Grievances; defending AlArabiya Company against a campaign of anti-competition allegations; and a suite of major real estate disputes on plots worth SRbillions.

Conducting litigation in Saudi Arabia requires a deep understanding of the idiosyncrasies of the judicial system. We act in a regime where statute-based laws often do not provide sufficient detail to cover all eventualities, and the vacuum that is left is filled by judicial discretion in the application of Shari’ah law, with its differing schools of thought and opinions, leading to much uncertainty.

To tackle these challenges, we have developed a close understanding of the specific views and approaches of different judges at all levels of court across the Kingdom, based on our database of over 29,000 judgments – an unprecedented feat.

We therefore go beyond mere analysis of the technical issues at stake. We seek to understand the viewpoint, psychology and previous history of the relevant judges, in order to develop submissions and arguments that are more likely to influence them to give judgment in favour of our client.

We appreciate that litigation does not end in the courtroom, and the impacts of a dispute or contentious situation must be managed across all relevant regulatory, government and public relations spheres. Our extensive network of contacts across all regulatory and government entities means we are able to execute targeted lobbying campaigns to advance our clients’ positions at these agencies.

Together, our technical expertise, careful understanding of the judiciary, and strong networks combine to achieve the best possible outcomes for our clients.

Recent representative experience includes acting for:

  • The liquidators of a Saudi investment group in relation to the enforcement in Saudi Arabia of an international court judgment with a value of over USD2 billion.
  • An international telecoms group on the enforcement in Saudi Arabia of an international arbitration award with a value of over USD32 million.
  • A leading MENA private equity firm on a dispute with a Saudi counterparty regarding the sale of an interest in a Saudi listed company.
  • A Saudi accountancy firm on alleged breaches of the Capital Market law and its implementing regulations and a related action brought by the Bureau of Investigation and Public Prosecution before the Committee for the Resolution of Securities Disputes.
  • A major real estate developer in relation to a payment dispute involving a tower development.
  • A lessee in relation to the improper termination of a lease for a shopping mall.
  • A bank in relation to the enforcement of a Repo Agreement involving the sale of Bonds worth SR300 million.
  • A bank in relation to a dispute over a SR100 million loan.
  • Representing a Saudi group with global hotel interests and ownership in a cross-jurisdictional dispute over inheritance shares and succession in six different countries.
  • A Saudi Arabian bank as defendant in an action for unwinding of mortgage security provided to the bank in an overall value of over USD1 billion.
  • A large family-owned company in relation to claims against affiliated directors relating to assets with an overall value of over USD900 million.