Article 91 of the Saudi Commercial Courts Law

المادة 91 من نظام المحاكم التجارية · الفصل الرابع: النقض

The article allows the Supreme Court circuit to hear the parties orally when necessary, bars raising oral grounds other than those in the objection papers except public order, and exceptionally allows supplementary memoranda.

Official text (Arabic)

This article has not been amended since the law was issued.

إذا رأت الدائرة ضرورة المرافعة الشفهية، فلها أن تسمع أقوال أطراف الاعتراض، ولا يجوز إبداء أسباب شفهية في الجلسة غير الأسباب التي سبق للأطراف بيانها في أوراق الاعتراض، ما لم تكن متعلقة بالنظام العام. وللدائرة -استثناءً- أن تأذن لأطراف الاعتراض بإيداع مذكرات تكميلية متى رأت أن الفصل في الاعتراض يتطلب ذلك. وتحدد الدائرة المواعيد التي يجب إيداع تلك المذكرات فيها.

This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers

Article 91 explained in plain English

This article regulates how an objection before the Supreme Court is heard in commercial cases in terms of oral pleading and written memoranda.

It contains three provisions:

Oral pleading is at the court's discretion: if the circuit sees that oral pleading is necessary, it may hear the statements of the parties to the objection. The matter is left to the circuit's assessment, and is not a right a party can demand whenever it wishes.
No new oral grounds: the parties may not raise orally at the hearing grounds other than those they previously stated in the objection papers, except grounds relating to public order.
Supplementary memoranda as an exception: the circuit may, as an exception, allow the parties to file supplementary memoranda if it sees that deciding the objection requires it, and it sets the dates by which these memoranda must be filed.

This article comes in the context of Article 90, which provides that one of the circuit's judges studies the objection and prepares a report on it, and that if the circuit sees the objection is worth considering it sets a hearing to consider it and may order an exchange of memoranda. Article 92 sets out the consequences of quashing the judgment.

The practical effect of this article is that the written objection papers are the basis; someone objecting before the Supreme Court should include in their objection statement all the grounds they rely on, because they cannot add new grounds orally at the hearing unless they relate to public order. It is advisable to consult a lawyer specialized in commercial cases when preparing the objection.

Practical example

A company in Jeddah objected before the Supreme Court to a commercial judgment, and stated only two grounds in its objection statement. When the circuit set a hearing and allowed oral pleading, the company's representative wanted to raise a third ground that did not appear in the papers and did not relate to public order. Under this article he may not do so, but the circuit may, if it sees that deciding the objection requires it, allow a supplementary memorandum as an exception by a date that it sets.

Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.

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