Rules of Procedure for the Banking Disputes Committee and the Appeal Committee for Banking Violations and Disputes

Article 1

  • The following terms and expressions, wherever mentioned in these rules, shall have the meanings indicated opposite each of them:

    • Committee: Banking Disputes Committee.

    • Appeal Committee: Appeal Committee for Banking Violations and Disputes.

    • The Two Committees: The Committee, and the Appeal Committee.

    • Circuit: Any circuit of either of the two committees.

    • Secretariat: General Secretariat of the two committees.

    • Member: Member of any circuit, including the head of the circuit unless the context requires otherwise.

    • Banking Entity: Any entity licensed to conduct banking business by the Saudi Arabian Monetary Authority, and any foreign entity licensed in another country to conduct any banking business.

Article 2

  • The Committee is responsible for adjudicating original banking disputes and corollary banking disputes in accordance with the provisions set forth in these rules, and in a manner that does not conflict with the competencies of other judicial authorities.

Article 3

  • The Appeals Committee is responsible for the following:

    • 1- Reviewing the objections submitted against the decisions of the Committee.

    • 2- Reviewing the objections submitted against the decisions of the Committee for the Resolution of Violations of the Banking Control System.

Article 4

  • 1- The consideration of the two committees in the cases shall be in accordance with what is stated in these rules, the laws, regulations, instructions, and the information and evidence established in the case file, and the agreements concluded between the parties to the case.

  • 2- The two committees shall apply the Law of Civil Procedure and the Implementing Regulations of the Law of Criminal Procedure - as the case may be - in matters not provided for in these rules and in a manner that does not conflict with their competencies, powers, and nature of work.

Article 5

  • A lawsuit may be filed by a person who has standing or interest in the case, or by their representative, through a petition that meets the requirements set forth in the Civil Procedures Law or the Criminal Procedure Law, as applicable. It is permissible to file the lawsuit and submit memoranda through the electronic means provided by the secretariat and in accordance with the specific requirements of those means.

  • In all cases, the lawsuit is considered filed from the date it is submitted.

Article 6

  • The Secretariat is responsible for registering lawsuits, carrying out notifications, preparing cases, and communicating with the parties involved.

Article 7

  • It is permissible to use postal service providers and companies for the notification of the parties involved in the lawsuit, and it is also permissible to use electronic means for notifying the parties involved in the lawsuit, including email, recorded phone calls, text messages sent via phone, and fax. Notification through these means has the same legal effect as notification through traditional methods, and notification through these means is considered a notification to the person of the recipient.

Article 8

  • If it is impossible to notify the defendant of the lawsuit or the hearing date after all methods have been exhausted, including suspending his services with government entities; an announcement shall be published in any local newspaper or any other means, and this shall be considered as a notification of the lawsuit or the hearing date.

Article 9

  • If the Defendant is notified personally or through his agent of the Statement of Claim or the date of the Hearing, or if he or his agent submits a memorandum of defense and does not attend, or if he or his agent attends any Hearing and then subsequently absents himself, the Decision issued in his presence shall be considered valid.

Article 10

  • 1- Notification of the statement of claim shall be made within thirty days from the date of its registration.

  • 2- If the plaintiff undertakes the notification of the claim and does not commence the procedures, the case may be dismissed after thirty days from the date of its registration. If the panel decides to dismiss the case, it may be resumed after proving the notification of the defendant of the claim if thirty days have not passed since the date of dismissal; otherwise, the case must be registered again for reconsideration.

 

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