Saudi Commercial Claims: Is a 15-Day Pre-Litigation Notice Required?

A strong commercial claim can fail at the filing stage if a required procedural step has been missed. One of the most important claim-readiness checks in Saudi commercial litigation is whether the claimant must notify the defendant in writing before filing the case.

Article 19 of the Saudi Law of Commercial Courts provides that, for cases specified by the Implementing Regulations, the claimant must notify the defendant in writing to perform the claimed right at least 15 days before filing the lawsuit. The requirement should be treated as part of dispute strategy, not as a formality completed on the eve of filing.

When is the 15-day notice requirement relevant?

The Law of Commercial Courts establishes the 15-day rule for the categories identified by the Implementing Regulations. An official Riyadh Commercial Court decision applying those rules states that notification is required in cases within the Commercial Court’s jurisdiction, subject to listed exceptions including cases connected with penalties under commercial laws, cases involving an administrative authority, cases whose filing procedures are governed by special legal provisions, small claims, and summary petitions.

Because the correct procedural route depends on the nature of the claim, parties should verify the applicable category before deciding that notice is required or exempt.

What should the notice contain?

The same official judicial decision cites the Implementing Regulations as requiring the notice to include the parties’ details, the subject of the dispute, the relief sought and the document supporting the claim. In practice, a useful notice should also create a clean evidential record of what was demanded, when it was demanded, where it was sent and whether the statutory period elapsed before filing.

• Identify the claimant and defendant accurately, using the legal names and registration information relevant to the dispute.

• State the underlying transaction, contract or commercial relationship clearly.

• Specify the amount or performance claimed and the legal or contractual basis relied upon.

• Refer to the key supporting document or evidence on which the claim depends.

• Use a delivery method that can be evidenced later and retain proof of sending and receipt or delivery.

• Calculate the filing date carefully so that the required period has elapsed before the statement of claim is submitted.

Why proof of notice matters

The notice is not useful if the claimant cannot prove it. The official decision cited above records that the relevant regulations allow notice to be achieved by sending the required information to one of the defendant’s addresses by an available means. It also illustrates the procedural consequence of non-compliance: the court held the claim inadmissible where the required notice for that claim had not been established, while noting that a new claim could be filed after satisfying the notice requirement.

Do settlement discussions count as notice?

Settlement, reconciliation or mediation communications may be relevant, but they should not automatically be assumed to satisfy the statutory notice requirement. The content, the specific claim, the timing and the evidence of delivery all matter. A notice or settlement communication used for an earlier or different claim may not satisfy the requirement for a later dispute with different relief.

Claim-readiness checklist before filing

• Confirm Commercial Court jurisdiction and the correct procedural track.

• Determine whether the Article 19 notice requirement applies or a recognised exception is relevant.

• Prepare a notice that matches the actual claim to be filed, not an earlier or broader dispute.

• Preserve proof of delivery and the supporting claim documents.

• Check limitation periods and do not allow a notice process to distract from a separate time-bar issue.

• Align the notice amount, legal basis and requested relief with the statement of claim and evidence bundle.

Frequently asked questions

This article is general information about Saudi commercial litigation procedure and is not legal advice for a specific claim.