Plea of lack of jurisdictionIn Arabic: الدفع بعدم الاختصاص

Definition

A plea of lack of jurisdiction is a procedural objection that the court should not hear the claim because it lacks subject-matter or territorial jurisdiction.

How it varies across the GCC

In Saudi Arabia a plea of lack of territorial jurisdiction must be raised before any request or defence, or it is lost (Law of Procedure before Sharia Courts, article 75). Territorial jurisdiction in the commercial courts is the court of the defendant’s domicile unless the parties agree otherwise in writing (Commercial Courts Law, article 17). The same law decides a plea of lack of subject-matter jurisdiction within twenty days; the article number is not cited here.

The rules that apply to a specific matter depend on the state, any free zone involved and the current text of the law, so check the official source before relying on them.

Sources

Official texts for the points on this page. General information, not legal advice. An article number is cited only where it was verified.

1. Saudi Law of Procedure before Sharia Courts, art. 75https://laws.boe.gov.sa/BoeLaws/Laws/LawDetails/f0eaae46-9f84-40ee-815e-a9a700f268b3/1
2. Saudi Commercial Courts Law, art. 17https://laws.boe.gov.sa/BoeLaws/Laws/LawDetails/38334008-3b70-4c6c-b3af-aba3016a8061/1