Article 28 of the Saudi Law of Sharia Procedure

المادة 28 من نظام المرافعات الشرعية · الباب الثاني: الاختصاص

The article makes the Kingdom's courts competent over a claim if both litigants accept their jurisdiction, even if it does not fall within it, except real actions concerning real estate outside the Kingdom.

Official text (Arabic)

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

فيما عدا الدعاوى العينية المتعلقة بعقار خارج المملكة، تختص محاكم المملكة بنظر الدعوى إذا قبل المتداعيان ولايتها ولو لم تكن داخلة في اختصاصها.

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 28 explained in plain English

This article sets out what can be called jurisdiction by acceptance: the will of the two parties can make the Kingdom's courts competent over a dispute they were not originally competent to hear.

The rule: the Kingdom's courts are competent to hear a claim if the two litigants accept their jurisdiction, even if the claim does not fall within their jurisdiction under the other rules.

The condition: the acceptance must come from both litigants; under the text, acceptance by one party is not enough.

The exception: this rule does not apply to real actions concerning real estate outside the Kingdom; acceptance by the two parties does not bring these within the jurisdiction of the Kingdom's courts.

The practical value of this article shows in contracts where one party is outside the Kingdom: the parties can accept the jurisdiction of the Kingdom's courts, which then become competent to hear their dispute. The article does not specify a particular form for this acceptance.

This article is linked to provisions that set the courts' jurisdiction according to the defendant's status and place of residence, including Article 27 on claims against a non-resident non-Saudi Muslim in personal status matters. Article 29 also provides that the Kingdom's courts are competent to take precautionary and interim measures to be enforced in the Kingdom even if they are not competent over the original claim.

Before agreeing on a forum for litigation in a contract with a foreign link, it is advisable to consult a lawyer specializing in procedure and litigation.

Practical example

A company in Riyadh and a foreign company have a dispute that does not originally fall within the jurisdiction of the Kingdom's courts, and the two parties agreed to accept the jurisdiction of the Kingdom's courts. The courts become competent to hear the dispute, unless it is a real action concerning real estate outside the Kingdom.

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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