Expedited Enforcement of Judgments Under the Judicial Enforcement Law

By: Antoine Najem – Senior Associate

        Hamad Al-Qahtani – Attorney

Although the general principle is that judgments cannot be enforced while they are still subject to appeal,  in certain circumstances it is essential not to wait for the judgment to become final before it can be enforced. For this reason, an exception to the aforementioned general principle was established, which is the expedited enforcement of judgments, either as stipulated by law or ordered by the judgment itself. The expedited enforcement of judicial judgments is one of the critical legal mechanism that contributes to the swift realisation of justice and prevents obstruction of the execution of final judgments.

The Judicial Enforcement Law (Law No. 4 of 2024), which repeals the third book of the Civil and Commercial Procedure Law No. 13 of 1990 (“CCPL”), addresses the issue of expedited enforcement of judicial judgments. The following sections review the concept and importance of expedited enforcement according to the provisions of the new law.

The expedited enforcement of judgments is a legal mechanism facilitating the swift and effective enforcement of judgments issued by Court of First Instance without waiting for the judgment to become final or absolute. The aim of expedited enforcement is to bridge the gap between the issuance of the judicial judgment and its enforcement, making it an essential part of the comprehensive legal justice system, particularly in cases that require urgent action, especially when there is a risk that the judgment debtor might transfer their assets, or when the judgment creditor needs expedite enforcement to secure their rightful claim.

The new Judicial Enforcement Law outlines the provisions for expedited enforcement in Articles 7-10. Article 9 lists the circumstances under which a judgment may be enforced with or without guarantee:

1. Judgments ordering the payment of expenses, wages, and salaries.
2. If the judgment is issued to enforce a previous judgment that has the force of res judicata or is subject to expedited enforcement without guarantee, or is based on an official document that has not been challenged as forged, provided that the judgment debtor was a party in the previous judgment or document.
3. If the judgment debtor acknowledges the existence of the obligation.
4. If the judgment is based on an informal document that the judgment debtor has not disputed.
5. If the judgment is in favor of the judgment creditor in a dispute related to the enforcement.
6. If delaying enforcement would cause significant harm to the judgment creditor.

It is evident from Article 9 that the new law has not altered the cases of expedited enforcement as those outlined in the repealed articles related to enforcement in the CCPL, as they remain unchanged. This indicates that the existing provisions in the CCPL strike a balance between the speed of enforcement and the protection of parties’ rights, in line with the principles of justice. The provisions also provide sufficient guarantees to protect the parties’ rights, such as requiring the judgment creditor to provide a bank guarantee when the enforcement judgment is contested through legal remedies, thereby supporting the effective application of judgments.

However, the Judicial Enforcement Law also introduces the term “appropriate” to the last clause of Article 8 in describing the precautionary measures allowed. This addition appears to align with the nature and spirit of the new law, which grants the enforcement judge greater powers to achieve justice and balance between the litigating parties.

Nonetheless, it seems that some provisions and regulations introduced by the new law may affect the concept and purpose of expedited enforcement. For instance, Article 31(3) stipulates that the judgment debtor must be notified within ten working days of the announcement, which means that the purpose of enforcement, namely catching the judgment debtor unaware, and seizing their assets to prevent them from disposing of them, is no longer achievable. Additionally, Article 4 of the same law, which stipulates that the judgment debtor is informed that their assets, whether in their possession or with others, are subject to enforcement from the date of their notification, and that concealing them to evade enforcement is a criminal offense, may not provide sufficient guarantees for the judgment creditor as the judgment debtor may be a foreigner and may quickly dispose of their assets and return to their country or another country, making it difficult or impossible for the judgment creditor to recover their awarded rights.

Although the new Judicial Enforcement Law aims to improve and modernize the legal enforcement system as a whole, no significant changes in this regard have been made to the law compared to its predecessor in the CCPL regarding expedited enforcement. The exception is Article 8, where the enforcement judge has been granted authority to take appropriate precautionary measures. The success of these provisions depends on practical application, which must be effective and consistent with the clear development introduced by the law.