How to File a Case in Saudi Commercial Court: 2026 Guide

If you need to file a case in a Saudi commercial court, three steps come before any hearing: confirm the Commercial Court has jurisdiction, serve the mandatory pre-action notice or complete mediation, and file the statement of claim electronically on Najiz, the Ministry of Justice platform. This guide walks foreign investors, in-house counsel and finance teams through each step under the Commercial Courts Law, its Implementing Regulations and the Judicial Costs Law, as officially published as of September 2026.

Key takeaways

• The Commercial Court hears disputes between merchants over their commercial activities, company, bankruptcy, intellectual property and other commercial-law cases, and contract claims against a merchant where the principal claim exceeds SAR 500,000 (Article 31 of the Implementing Regulations).
• In most cases the claimant must give the defendant written notice at least 15 days before filing and attach proof of it to the claim (Article 19 of the Law; Articles 69 to 72 of the Regulations).
• A commercial claim is not heard after 5 years from the date the right arose, unless the defendant acknowledges it or the court accepts an excuse (Article 24).
• Judicial costs on monetary claims are tiered from 5% down to 2% of the claim value, capped at SAR 1 million, and are borne in principle by the losing party.
• The appeal window is 30 days from the date set for collecting the judgment copy, and 10 days for jurisdiction rulings and urgent matters (Article 79).

Which disputes go to the Saudi Commercial Court?

Jurisdiction is set by Article 16 of the Commercial Courts Law. The core category is disputes between merchants arising from their primary or ancillary commercial activities, and for these there is no minimum claim value.

Article 16 also covers:

• Claims against a merchant in commercial contract disputes. The Law itself sets the threshold at over SAR 100,000 and lets the Supreme Judicial Council raise it; the threshold now applied is the one in Article 31 of the Implementing Regulations: the principal claim must exceed SAR 500,000. Smaller claims go to the general courts.
• Disputes arising from partnership contracts governed by the Civil Transactions Law, following the amendment of paragraph (3) by Royal Decree No. M/191 dated 29/11/1444H.
• Claims under the Companies Law, such as shareholder and director disputes.
• Claims under the Bankruptcy Law, the right route when the debtor is insolvent. See our guide to protective settlement and financial reorganization under the Bankruptcy Law.
• Intellectual property and other commercial-law claims.

The claim value is the total of the claims in the statement of claim, excluding litigation expenses and legal fees (Article 6 of the Regulations). As for venue, the default court is where the defendant resides; a claim may also be filed where the contract was concluded or performed, and company disputes go to the court of the company's head office (Article 17). Parties may agree otherwise in writing.

Is a pre-action notice or mediation required before filing?

Yes, in most cases. Article 19 of the Law requires the claimant to notify the defendant in writing to pay the amount claimed at least 15 days before filing. Article 69 of the Regulations applies this to all Commercial Court cases except five: penalty cases under commercial laws, cases involving a government body, cases with special statutory filing procedures, small claims, and urgent applications.

What the notice requires under Articles 70 to 72 of the Regulations:

1. Party details, the subject of the dispute, the claims, and the supporting document.
2. It may be sent to any of the defendant's addresses by any means. Proof of a prior amicable settlement or mediation attempt counts as notice once 15 days have passed.
3. Proof of notice must be attached to the claim. Otherwise the claim is not registered until the claimant cures the defect within 15 days of being told (Article 21 of the Law).

Mandatory mediation: Article 58 of the Regulations requires mediation before registering four categories: partnership-contract disputes; merchant and commercial-contract disputes of up to SAR 1 million; disputes between spouses or relatives up to the fourth degree; and contracts with a written clause requiring amicable settlement before litigation. Mediation may not exceed 30 days from its start unless the parties agree a longer period (Article 8 of the Law), and 15 days for small claims. The requirement is met by a certificate that mediation ended, or proof that it started and the period lapsed. Mediation is available online through the Taradhi platform via Najiz.

What is the limitation period for commercial claims?

Five years from the date the right arose, under Article 24 of the Commercial Courts Law, unless a special provision applies. After that, the claim is not heard unless the defendant acknowledges the right or the claimant shows an excuse the court accepts.

The period runs from the day the debt falls due (Article 37 of the Regulations), not from the contract date, so each invoice or instalment has its own clock. Finance teams should review aged receivables early; our commercial debt recovery guide explains the collection options.

How do you file a case through Najiz?

Claims are filed online through the "Statement of Claim" (صحيفة دعوى) service on Najiz. Companies log in through the Business (أعمال) portal and lawyers through the Lawyers portal.

1. Confirm jurisdiction and threshold as above, and check the contract for an arbitration clause.
2. Serve the notice or complete mandatory mediation, and keep proof of the date.
3. Assemble documents: the contract, invoices, purchase orders, correspondence, statements of account, the commercial registration, the investment license for a foreign investor, and a power of attorney if an agent files.
4. Complete the statement of claim: under Article 20 of the Law and Article 76 of the Regulations it must include full names, ID or commercial registration numbers, mobile numbers, the notice date, the lawyer's license number where required, and a complete list of claims with all their grounds. Unrelated claims cannot be combined.
5. Registration: a complete claim is registered on the day it is filed, the preparatory hearing is set within 20 days, and the parties are notified by the next day at the latest (Article 79 of the Regulations).

If your claim is a debt proven in writing, due, and of a fixed amount, you can apply for a payment order instead: notify the debtor in writing 5 days in advance, and the court decides within 10 days of registration (Articles 67 to 70).

Do you need a lawyer in the Commercial Court?

Usually, yes. Article 51 of the Regulations requires all Commercial Court claims and appeals to be filed by a lawyer, except contract claims against a merchant, small claims, claims involving a judicial custodian, liquidator or expert, damages claims arising from a previous case, and appeals in those cases. A claim filed in breach of this is not accepted (Article 56).

A lawyer must also plead where the claim exceeds SAR 10 million in merchant and commercial-contract disputes, or SAR 2 million in company, partnership, intellectual property and other commercial-law cases (Article 53). Supreme Court objections and petitions for reconsideration must always be filed by a lawyer. Learn more about our dispute resolution practice.

How much are court fees in a commercial case?

Saudi Arabia applies judicial costs under the Judicial Costs Law. For claims of a set value, Article 2 of its Implementing Regulations provides:

• 5% for claims under SAR 100,000.
• 4% from SAR 100,000 to under SAR 500,000.
• 3% from SAR 500,000 to under SAR 1 million.
• 2% for SAR 1 million or more, always subject to a SAR 1 million cap (Article 3 of the Law).

A commercial claim of no set value costs SAR 5,000, an appeal SAR 5,000, a Supreme Court objection SAR 7,000 and a petition for reconsideration SAR 10,000. Non-payment does not prevent registration. The losing party bears the costs in principle, and they drop to one quarter if the case settles after the first hearing and before judgment. Bankruptcy Law cases are exempt.

How do hearings and evidence work?

Proceedings are primarily written, through electronically exchanged memoranda, with oral hearings and remote pleading allowed (Articles 7 and 25 of the Law). The defendant must file a full defense at least one day before the hearing.

• At the preparatory hearing the court checks jurisdiction and admissibility, offers settlement, defines the claims and evidence, and adopts a case management plan (Article 90 of the Regulations).
• The maximum time to decide a first-instance case is 180 days, and 90 days for small claims (Articles 38 and 239 of the Regulations).
• The court may fine a party up to SAR 10,000 for breaching procedure (Article 13).

On evidence, no special form is required to prove a commercial obligation, and parties may agree evidence rules or shift the burden of proof (Article 38). Signed correspondence, or correspondence proven to come from the sender, carries the weight of a private document. A party may request specific documents held by the other side, and the court may treat a refusal as a presumption against it (Articles 44 and 46).

How do you appeal and enforce the judgment?

All first-instance judgments are appealable except small claims not exceeding SAR 50,000, as specified by the Supreme Judicial Council (Article 78).

1. Appeal: within 30 days of the date set for collecting the judgment copy, or 10 days for jurisdiction and urgent rulings (Article 79).
2. Supreme Court objection: to the Commercial Circuit of the Supreme Court on limited grounds, such as breach of Sharia or statute or mischaracterizing the facts. It does not suspend enforcement unless the court orders it (Articles 88 and 89).
3. Enforcement: a final judgment, or one with expedited enforcement, is an enforceable instrument. File through the "Submit Enforcement Request" service on Najiz. A settlement record approved by the court is also enforceable (Article 29).

A new Enforcement Law was issued by Royal Decree No. M/237 dated 3/11/1447H, published in the Umm Al-Qura Gazette on 1 May 2026, and takes effect 180 days after publication (late October 2026); until then the current Enforcement Law applies. To keep disputes out of court in the first place, see how to prevent commercial disputes before they arise.

Frequently asked questions

Can a company file a commercial claim without a lawyer?

Only in defined categories: contract claims against a merchant, small claims (merchant and commercial-contract disputes up to SAR 1 million, excluding construction contracting), and appeals in them, under Article 51 of the Implementing Regulations. Company, bankruptcy, intellectual property and larger merchant disputes must be filed by a lawyer or the claim is not accepted. In-house legal staff licensed by the Ministry of Justice may represent their own company.

What happens if the claim is filed without the pre-action notice?

Where notice is mandatory and proof is not attached, the claim is not registered and the claimant has 15 days from being notified to cure the defect. If cured, the claim is treated as registered from the original filing date; if not, the filing is void. Send the notice early, by a traceable method, and keep evidence of the date and means of delivery.

How long does a commercial case take?

The Implementing Regulations set a maximum of 180 days for a first-instance decision, 90 days for small claims, and 90 days for an appeal heard with pleadings. Actual timelines still depend on complexity, whether a technical expert is appointed, and the number of parties, so no fixed duration can be promised for any individual case.

Does the claimant pay court fees upfront?

Non-payment does not prevent registration. In principle the losing party pays the costs after the case ends, based on the final assessment by the competent department. If the claimant loses part of its claims, it bears the corresponding share. The exception is a Supreme Court objection or a petition for reconsideration, where costs must be paid within 30 days of filing or the right lapses.

Does an arbitration clause replace the Commercial Court?

If the contract contains a valid arbitration clause, the defendant may raise it before the court, and a ruling on that defense can be challenged before the judgment on the merits under Article 74 of the Law. Review the contract before filing: arbitration may be the required route, and suing despite the clause can cost time and judicial costs for no benefit.

Official sources

Texts as officially published as of September 2026:

• Commercial Courts Law, Bureau of Experts at the Council of Ministers
• Implementing Regulations of the Commercial Courts Law, Ministry of Justice legal portal
• Judicial Costs Law, Bureau of Experts
• Implementing Regulations of the Judicial Costs Law, Bureau of Experts
• Najiz e-services directory
• Royal Decree M/237 approving the Enforcement Law, Umm Al-Qura Official Gazette