Study of Judicial Discretion and Problems of Evidence as Proof in the Saudi Commercial Judiciary

Abstract

Proof is an integral part of any commercial ruling issued by a judge in commercial courts. However, the means and methods of proof may differ between cases. Some judges may take custom as proof; other judges may accept various types of proof such as interrogation, confession, oaths, inspection, experience, testimony, writing, and presumption. Therefore, this dissertation addresses the complex issues surrounding the admissibility of evidentiary evidence and its weight in judicial procedures before commercial courts in the context of laws issued and updated by the Saudi legislature in a modern era in which modern evidence plays a pivotal role in the final ruling of the commercial judge. Understanding the rules governing the admissibility of evidence and its evaluation is of utmost importance. A recurrent problem in the commercial courts in the Kingdom of Saudi Arabia is that some judges refer to only one specific means of proof in all their rulings, even if the parties to the dispute possess documents related to other means of proof. Therefore, litigation procedures may be prolonged until the judge obtains what he wants for his reasoning to make a ruling, extending to months or even years until the document requested by the judge is brought to the commercial courts. Although the Saudi legislature has established regulations related to proof, in addition to amending many Commercial Laws, some judges cling to the same opinion as before, which they adhere to in their rulings, even though the Saudi legislature has approved many modern regulations and amended commercial regulations. Using a descriptive analysis approach, this research explores how the Saudi commercial judiciary deals with the admissibility of evidentiary evidence issued by the Saudi legislature in modern laws. This dissertation examines the relevant laws issued by the Saudi legislature, previous cases, legal principles, and what Islamic Sharia has approved to provide a comprehensive overview of the legal landscape in the Kingdom of Saudi Arabia as they relate to the use of evidence by the judiciary in commercial disputes. This dissertation also addresses the practical challenges of accepting and evaluating evidentiary evidence in Saudi commercial courts. The dissertation addresses previous issues related to how the commercial judiciary takes presumptions submitted to the commercial courts, questioning opponents before commercial courts, and procedures related to interrogation. Moreover, topics discussed in detail include the confession of each of the opponents in a commercial case; how to take the oath and directing the oath to merchants, and the effect of not swearing; the judge’s inspection of the dispute; the importance of experience and the role of the expert in proof; the role of testimony in commercial cases and how to perform it; writing and its types, and forgery before the commercial court; evidence and the judge’s authority in proof of evidence; custom and its enforcement and sources in Commercial Law. A concluding section discusses proving and adopting modern digital evidence, a problem that presents and ongoing challenge to the Saudi commercial judiciary. Through a descriptive approach and critical analysis of historical issues, this dissertation identifies common trends and differences in the treatment of evidentiary evidence across laws issued by Saudi legislatures, highlighting the need for an adaptable framework that accommodates the development that has occurred in Saudi laws. Furthermore, this dissertation provides practical recommendations for judges, legal practitioners, and Saudi legislatures seeking to improve the handling of evidentiary evidence in commercial trials, suggesting potential reforms in evidentiary evidence and procedural guidelines. In sum, this dissertation comprehensively examines the challenges and opportunities presented by evidentiary evidence in contemporary business procedures. It emphasizes the importance of a careful and adaptable approach to the evidentiary and Commercial Laws to ensure fair administration by the judge and to produce a sound judgment that includes the appropriate evidence in the case.