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Administrative Judiciary in Saudi Arabia: A Comprehensive Guide for Business Owners and Investors
The administrative judiciary in Saudi Arabia has established a fair and reliable legal framework that safeguards the interests of both Saudi and foreign business owners and investors. Ensuring that government and administrative bodies are subject to the rule of law provides a transparent environment that fosters trust and investment.
In this guide, we will explore the key aspects of the administrative judiciary in Saudi Arabia, including the role of the Board of Grievances in protecting rights, the conditions for filing lawsuits before the Board, the statute of limitations, and strategies to avoid the lapse of a claim.
What is the Administrative Judiciary in Saudi Arabia?
The administrative judiciary in Saudi Arabia is a specialized branch of the judicial system that resolves disputes involving the government or any of its institutions. Its primary role is to protect both individuals and organizations from unlawful decisions, actions, or violations that may infringe upon their rights. The administrative judiciary is represented by the Board of Grievances, which serves as the cornerstone of administrative justice in the Kingdom.
What is the Board of Grievances?
The Board of Grievances is an independent judicial authority dedicated to administrative judicial matters, with its headquarters in Riyadh. It is directly affiliated with the King, ensuring its full independence from executive bodies. The Board is composed of a President, one or more Vice Presidents, a panel of judges, as well as legal researchers and administrative staff.
Established more than 70 years ago, the Board was created to address citizens’ complaints against government agencies and to serve as a safeguard against administrative abuse. It reinforces the principle of legality by ensuring that government bodies are also subject to the law, thereby promoting justice and equality between individuals and public authorities.
To regulate its framework and procedures, the Kingdom issued the Board of Grievances Law under Royal Decree No. (M/78) dated 19/9/1428 AH, which defines its formation, courts, and the appointment of judges. Additionally, the Board of Grievances Procedure Law, issued by Royal Decree No. (M/3) dated 22/1/1435 AH, governs all aspects related to the filing and processing of administrative lawsuits.
What are the jurisdictions of the Board of Grievances?
The Board of Grievances exercises jurisdiction over several areas, including:
Administrative Judiciary: Covers appeals against administrative decisions, disciplinary cases involving public employees, compensation claims against administrative bodies, and disputes related to administrative contracts.
Commercial Judiciary: Handles commercial disputes in which one of the parties is a government entity.
Summary Judiciary: Disciplinary Judiciary: Handles disciplinary cases filed by the competent authority against public employees for breaches of duty or professional misconduct.
Judicial Enforcement: Enforces its own judgments as well as those issued by other bodies if referred to it.
What are the conditions for litigation in the Board of Grievances?
For a case to be accepted before the Board of Grievances, certain conditions must be met. These conditions determine whether the case can proceed or should be rejected. The key requirements include:
Jurisdiction: The case must fall under the jurisdiction of the Board. Otherwise, it will be transferred to the competent court.
Personal Harm: The case must be filed by the harmed party, whether a natural person or a legal entity, that has suffered actual harm .
Final Administrative Decision: The contested decision must have been issued by a competent administrative authority and must be final.
No Previous Final Judgment: The case must not have been previously adjudicated with a final ruling.
Respecting Deadlines: In annulment cases, the claim must be filed within 60 days of becoming aware of the decision.
In compensation or damages cases, the claim must be filed within ten years from the occurrence of the damage.
Prior Administrative Grievance: In certain cases, the claimant must first file a grievance with the administrative authority itself and wait for a response before escalating the matter to the Board.
Filing Requirements: When submitting a claim through the Board of Grievances’ online platform, all required information must be provided, including the details of the parties, facts of the case, evidence, and supporting documents.
What is the Statute of Limitations?
The statute of limitations refers to the expiration of the right to file a claim after a specific period of time determined by law, during which the right holder fails to exercise or claim it. In practical terms, if you have a legal right against a government entity—or even an individual—and you do not claim it within the legally prescribed timeframe, your case will be dismissed.
The statute of limitations plays an important role in maintaining legal stability, as disputes and cases cannot remain open indefinitely. It also encourages rights holders to claim their rights within a specific and reasonable timeframe.
Why is Administrative Justice Important for Investors and Business Owners?
Administrative justice provides a fair, transparent, and secure legal framework that protects the rights of both Saudi and foreign investors and business owners. Its importance is highlighted in the following ways:
Protection from Arbitrary Decisions: If an unjust or discriminatory administrative decision is issued—such as the withdrawal of a work permit or the unjustified refusal of a license—the investor can appeal before the Board of Grievances to restore their rights.
Safeguarding Contractual Rights: When investors enter into contracts with government entities—whether through tenders, partnerships, or major projects—the administrative judiciary ensures that these contracts are honored. If a government body breaches the contract, the Board of Grievances provides a legal pathway for redress.
Right to Compensation: Investors can claim full compensation if any unlawful administrative decision or action causes them financial losses.
Ensuring Rule of Law: The administrative judiciary guarantees that investors are treated according to the law and established regulations, rather than the personal discretion of individual employees or administrative bodies.
Oversight of Government Agencies: By subjecting government bodies to judicial oversight, administrative justice reduces arbitrary decisions that may negatively impact investors and business owners, thereby fostering a healthier business environment.
Finally, the Administrative Judiciary in Saudi Arabia is more than just a legal framework—it is a safeguard of justice, transparency, and trust. For investors and business owners, it ensures protection, accountability, and a stable environment for confident growth.
If you have questions about filing a case with the Board of Grievances, are concerned about a case approaching its statute of limitations, or need assistance in submitting your claim, please contact the Mohammed Al-Khliwi Office. Our team will guide you through every step with clarity and professionalism.
Disclaimer: This content is not legal advice. No liability is assumed. For legal consultation, please contact us.