Disputes & Resolution
28 terms in this category
Amicable Resolution
Amicable resolution is settling a dispute by agreement of the parties without a binding court judgment or arbitral award, whether through direct negotiation or with the help of a neutral third party by mediation, conciliation or settlement.
Bodies Competent for Rental Disputes
Three bodies handle rental disputes in Saudi Arabia: the enforcement court for a documented contract as an enforcement instrument, the general court for substantive claims, and the Saudi Real Estate Arbitration Center for arbitration and settlement.
Breach Notice
A breach notice is a written notice from one contracting party to the other that identifies the obligation breached, demands that it be cured within a set period, and states the consequences of failing to do so, such as termination or a claim for compensation.
Class Action
A class action is a lawsuit brought by one or more claimants on behalf of a large group of injured people who share the same legal cause and common facts, so that a judgment benefits group members without each filing a separate case.
Complaint Filing
Complaint filing is the formal step by which a right-holder starts addressing a dispute before the competent body — a regulator that receives reports of violations, a court where a statement of claim is registered, or an execution, conciliation or arbitration body.
Counter-Claim
A counterclaim is an incidental request that the defendant brings against the claimant while the original case is pending, asking for a judgment in his own favour on a related right such as set-off or compensation, which the same court hears together with the original claim whenever possible.
Court Fees
Court fees, known in Saudi Arabia as "judicial costs", are sums the state levies on claims and requests filed with the courts, borne in principle by the losing party.
Damages Assessment
Damages assessment is the technical process of establishing whether a leased property or unit has been damaged, the extent of the damage and its monetary value — distinguishing damage the tenant is liable for from normal wear and tear he is not — so the amount can be deducted from the security deposit or claimed by agreement or in court.
Damages Claim
A damages claim is a lawsuit in which the injured party asks the court to order whoever caused the harm to make it good, whether the harm arose from breach of a contract — such as a lease — or from a wrongful act outside any contract.
Debt Collection
Debt collection is the set of lawful steps by which a creditor recovers overdue amounts — such as rent, service charges or court-awarded compensation — from a debtor, moving from amicable demand to conciliation and then judicial execution.
Default Judgment
A default judgment is a judgment the court issues in a case where the defendant failed to appear without having been served with the hearing date personally or through an agent; the court decides the dispute despite the absence, and the absent party keeps the right to file an "objection" (mu'arada) before the same court.
Eviction Order
An eviction order is a judicial order requiring a tenant or occupant to vacate a property and hand it over to the person entitled, enforced through the Execution Court if the occupant refuses.
Expert Witness
An expert witness — in the Saudi system simply “the expert” (khabir) — is a person with specialised technical knowledge, such as an engineer, property valuer or accountant, whose opinion is sought on technical questions the court must resolve but cannot assess itself, such as the cause of a water leak, the fair rental value or the cost of repairing damage.
Hearing
A hearing is the scheduled session in which the court circuit examines a case, hears the parties and receives their memoranda and evidence; what happens is recorded in the case minutes (dabt) under the judge’s supervision.
Interim Measure
An interim measure is a temporary court order issued to protect a threatened right or preserve an existing situation until the underlying dispute is decided, without deciding the merits.
Judgment Execution
Judgment execution is the stage at which a court judgment or executive instrument is turned into reality, by collecting the amount awarded, evicting from a property or compelling the losing party to act, through the Execution Court and its circuits, by force if necessary.
Judicial Contract Rescission
Judicial rescission is the ending of a bilateral contract by court judgment at the request of one party because the other failed to perform after being formally notified, with compensation awarded where warranted.
Legal Fees
Legal fees are the payment a licensed lawyer receives from the client for advice, advocacy or managing a dispute.
Ombudsman
An ombudsman is an independent person or office that receives individuals' complaints against administrative bodies or service providers, investigates them and issues recommendations, usually non-binding, to provide quick redress without litigation.
Payment Plan
A payment plan is an agreement between a creditor and a debtor — such as a landlord and tenant — to reschedule overdue amounts into instalments with set amounts and dates, instead of demanding everything at once or going straight to execution.
Rental Claim
A rental claim is a lawsuit brought by one party to a lease (landlord or tenant) against the other to enforce a right arising from the tenancy, such as unpaid rent, eviction, termination, compensation for damage, or return of the security deposit.
Rental Disputes
Disagreements between lessor and lessee following three tracks in Saudi Arabia: the enforcement court for a documented contract as an enforcement instrument, the general court for substantive disputes, and the Saudi Real Estate Arbitration Center for arbitration and settlement.
Saudi Real Estate Arbitration Center
A center under the Real Estate General Authority offering arbitration, conciliation and settlement services for property disputes, currently handling cases arising from the Ejar, owners associations and brokerage programs.
Settlement Conference
A settlement (reconciliation) session is a meeting between the parties to a dispute, held before or during litigation under the supervision of a conciliator, mediator or competent body, to try to reach a consensual settlement that replaces or shortens a court judgment.
Specific Performance
Specific performance is an order compelling the debtor to perform exactly what he undertook in the contract, such as handing over a property, transferring its ownership or completing a work, instead of merely paying money damages, where this is possible and the creditor requests it after formally notifying the debtor.
Statement of Claim
A statement of claim is the formal document by which a claimant brings a case before the court, setting out the parties, the subject matter, the relief sought and its grounds; once it is registered with the court, the case is deemed filed.
Subpoena
A subpoena, in common-law systems, is a court order compelling a person to attend to give evidence or to produce documents, on pain of penalty.
Verdict
A verdict (judgment) is the decision the competent court issues on the merits after hearing the claim and the answer and examining the evidence; it settles all or part of the dispute and states each party’s rights and obligations.
Other Categories
Contracts & Leasing
40 terms
Financial & Accounting
49 terms
Saudi Regulations
32 terms
Legal & Regulatory
39 terms
Property Types
40 terms
Valuation & Investment
36 terms
Property Management
39 terms
Tax & Zakat
25 terms
Construction & Development
40 terms
Real Estate Technology
25 terms
Real Estate Marketing
30 terms
Ownership & Rights
37 terms
Real Estate Financing
34 terms
Auctions & Sales
20 terms
