An Analysis of the Saudi Commercial Court System: Challenges of Litigation and the Role of International Commercial Courts and AI Integration in Judicial Reform

Abstract

This thesis critically examines the historical development and modern reform of the Kingdom of Saudi Arabia’s commercial courts and litigation framework, assessing their capacity to attract transnational litigants in alignment with the Kingdom’s ambitious international investment agenda. Through a constitutional analysis of Saudi Arabia’s legal system, the study situates the commercial courts within the broader institutional context, employing comparative and applied theoretical methods to explore the global rise of international commercial courts and the integration of technologies, including artificial intelligence, in courtroom practices. The thesis concludes by exploring how institutional and technological innovations from other jurisdictions could enhance the efficiency and legitimacy of Saudi Arabia’s litigation framework while also critically reflecting on the legal and ethical consequences of the Kingdom’s increasing reliance on de-judicialised, informal, and technology-driven alternatives to traditional court processes. The study advocates for reforms that balance international commercial adaptability with preserving Saudi Arabia’s legal traditions, cultural values, and public interest, proposing a litigation framework that empowers an autonomous judiciary and develops commercial law principles responsive to global and local imperatives.