The terms and expressions used herein shall have the meanings assigned thereto in Article (1) of the Bankruptcy Law, issued by virtue of the Royal Decree No. (M/50), dated 28/5/1439 A.H., and Article (1) of the Bankruptcy Law and its Implementing Regulations, issued by virtue of the Council of Ministers' Resolution No. (622), dated 24/12/1439 A.H.
The provisions hereof shall be applicable to the procedures related to requests consideration, provided for in the Bankruptcy Law and the Implementing Regulations thereof, before the Commercial Courts.
1. The Commercial Courts shall consider the following:
a. The debtor's claims against third parties if arising from any of the bankruptcy procedures.
b. The claims for compensation provided for in the Law.
c. The disputes arising from officeholders' and experts' fees.
2. When necessary, the Court may, upon the request of the debtor or officeholder, decide to consider the debtor's claim against third parties. Such decision shall be governed by the provisions of Article (217) of the Law and paragraphs (3), (4) and (5) of Article (5) hereof.
1. Venue of considering a request shall be determined by the Court within whose jurisdiction lies the headquarter of the debtor's business- whether the debtor is of natural or corporate personality.
2. The Court, which has commenced the bankruptcy procedure, shall be competent to consider any request regarding the procedure.
1. In the first hearing, the Court shall verify the preliminary issues of jurisdiction and the conditions for claim admissibility.
2. The Court shall rule on a plea as to its non-jurisdiction by virtue of a separate judgment. When necessary, the Court may rule on the formal plea by virtue of a separate judgment.
3. The Court shall rule on the plea provided for in paragraph (2) of this Article within seven days from the referral date.
4. The judgement on jurisdiction or form may be challenged within fourteen days from the issuance date thereof.
5. The Court of Appeal shall rule on the challenge to the judgment provided for in paragraph (4) of this Article within five days from the date of the challenge referral thereto. The Court's judgement in this regard shall be considered final and non-appealable.
Notification and announcement provisions laid down in the Law and the Implementing Regulations thereof shall be applicable to those residing outside the Kingdom.
The address registered in the request commencement statements shall be considered an address for service to the Court of Appeal.