What Are Commercial Case Forms?
Do you need commercial case forms with clear statutory wording before the Commercial Court? We provide guidance templates for commercial lawsuits, financial claims, contract termination, partnerships and bankruptcy, to help you organize your claim in accordance with Saudi regulations.
When Is This Form Used?
Commercial lawsuit memorandum forms help you deal with multiple types of commercial cases, whether you are filing a lawsuit, planning to settle a dispute, or organizing your claims before litigation. Here are the most prominent situations in which this form can be used:
- Claiming financial entitlements between two companies or between a merchant and a supplier, through a commercial claim statement of claim form submitted electronically via the Najiz portal, which is also considered a financial claim form when the claim needs to be documented clearly.
- Filing a lawsuit to terminate a commercial contract due to breach or non-performance, using a contract termination lawsuit form that includes the parties’ details, the facts and the legal requests.
- Filing a partnership lawsuit because of a dispute between partners or the end of the contractual relationship. A partnership lawsuit form is used to detail the contractual relationship and the claims.
- Submitting a bankruptcy lawsuit form to liquidate the assets of a struggling business.
- Filing a lawsuit to claim compensation as a result of breach of contract or unfair competition.
- Submitting a commercial dispute settlement request before resorting to the court.
- Using a formal commercial dispute notice wording.
The form is useful for anyone who wants to:
- File a commercial lawsuit through the Najiz platform.
- Know the required commercial lawsuit documents.
- Download a ready-to-fill Word lawsuit form.
- Use a commercial lawsuit form in PDF in an official format.
- Access a ready commercial lawsuit wording.
Elements of the Commercial Form
The acceptance of a commercial lawsuit depends on the completeness of its statutory elements and its clear and organized wording. Below are the most prominent components that any commercial statement of claim form must include to ensure its soundness in form and substance:
Claimant details
Name, type of commercial entity, commercial register, address, statutory agent if any.
Defendant details
The individual or commercial entity being sued with the official means of contact.
The facts
The sequence of commercial events between the parties, from the contractual relationship until the dispute occurred.
The requests
Clarifying what is requested from the court (obligation to pay, contract termination, compensation, bankruptcy declaration...).
What Is a Financial Claim Form?
A financial claim form is one of the most widely used commercial case forms in the Kingdom, and it is submitted when claiming financial entitlements arising from a documented commercial relationship. Below are the most prominent details relating to it:
What is a financial claim form used for?
- It is used to file a lawsuit before the Commercial Court when one of the parties delays or refuses to pay financial entitlements.
- It is often submitted in the form of a commercial claim statement of claim form through the Najiz platform.
- It includes situations such as:
- Late payment between a merchant and a supplier.
- Financial disputes between former partners.
- Claims arising from sales contracts or commercial service contracts.
Basic required attachments:
- Invoices or notices of entitlements.
- Bank transfers.
- Written contracts or agreements.
- Proof of the commercial relationship (such as the commercial register).
Its legal importance
- It is considered a statutory means of proving the existence of a pending financial claim.
- It helps preserve rights before turning to the enforcement courts.
- It shows seriousness in the claim and is used as a documented reference before the judiciary.
This form is an essential tool among commercial lawsuit memorandum forms, and contributes to strengthening the regulated commercial environment in the Kingdom.
Bankruptcy Lawsuit Form (Guidance)
This form is an example of a commercial lawsuit memorandum for filing a lawsuit to open a liquidation procedure under the Saudi Bankruptcy Law, and is submitted in a simplified legal form that helps owners of struggling businesses organize their lawsuit before filing it electronically.
“To His Honor the President of the Commercial Court in the city of ________
Peace, mercy and blessings of God be upon you,
I submit to Your Honor this lawsuit against:
The defendant: ____________, holder of commercial register No. ____________, based at: ____________.
Subject: Lawsuit to open a liquidation procedure under the Bankruptcy Law
The facts:
Under the existing commercial relationship between the parties, and due to financial obligations that the claimant was unable to fulfill, and based on what the Saudi Bankruptcy Law issued by Royal Decree No. (M/50) dated 28/05/1439 AH stipulates, the claimant requests the opening of a liquidation procedure because of his financial distress and inability to pay his due debts.
The requests:
- Opening the liquidation procedure.
- Appointing an accredited bankruptcy trustee.
- Permission to announce the procedure in the official newspapers.
With sincere regards,
Submitted by: ____________”
This form is educational and non-binding and must be reviewed according to the specific case.
This form is educational and non-binding and must be reviewed according to the specific case.
Common Mistakes to Avoid
Despite the importance of legal forms in organizing the lawsuit, some formal or substantive errors may lead to its rejection or delay in deciding it. Here are the most prominent errors it is advisable to avoid when preparing a commercial lawsuit:
- Filing the lawsuit without clearly specifying the type of commercial relationship or the nature of the dispute.
- Not stating the facts in chronological order, which makes it difficult for the court to understand the background.
- Missing basic documents such as contracts, invoices, correspondence or warnings.
- Writing requests that are incompatible with the regulation or cannot be enforced.
- Merging multiple facts in one lawsuit without a clear distinction.
- Ignoring alternative means of settlement such as mediation or arbitration.
The Difference Between a Statement of Claim and a Claim Memorandum
Many litigants confuse the statement of claim with the claim memorandum, despite the difference in their legal function and procedural content. This comparison shows the difference between the two documents in a simplified way:
| Element | Statement of Claim | Claim Memorandum |
|---|---|---|
| Filing | Electronically via Najiz | Attached manually or electronically later |
| Content | Basic data + summary of the dispute | Detailed explanation of the facts, requests and arguments |
| Function | Starting the lawsuit judicially | Strengthening the case file before the circuit |
| Receiving body | Commercial Court via the portal | The judge/circuit during pleading |
Frequently Asked Questions
What is the difference between a commercial and a civil lawsuit?
A commercial lawsuit is one that arises from acts or relationships of a commercial nature, such as commercial contracts, supply, agencies, partnerships, bankruptcy, and commercial papers, and it is usually submitted through a commercial claim statement of claim form or a partnership lawsuit form. A civil lawsuit includes non-commercial relationships such as real estate disputes, compensation lawsuits, tort liability, and leases. The fundamental difference lies in the type of legal relationship and the judicial body competent to hear the dispute.
Can a contract termination lawsuit be filed commercially without a lawyer?
Yes, a contract termination lawsuit form or any other commercial lawsuit can be filed through the Najiz platform without requiring a lawyer, but using a licensed lawyer helps raise the quality of the lawsuit form and reduce the chances of rejection due to wording or missing documents.
What are the commercial lawsuit documents?
The basic documents include the following, whether you are using a bankruptcy lawsuit form or a financial claim form:
- The commercial register of the claimant and the defendant (if any).
- A copy of the contract or agreement in dispute.
- Invoices, notices, bank transfers or any proof of the dealing.
- Official correspondence between the parties.
- Proof of identity or the official power of attorney.
- Any additional document that supports the sequence of facts.
Do I need an approved wording for the claim memorandum?
A uniform or approved wording is not required, but the memorandum must include the statutory elements: the parties’ details, a narration of the facts in logical order, and a clear specification of the statutory requests. The existence of guidance forms like this one helps comply with those requirements.
How long does a decision take in the Commercial Court?
The commercial courts in Saudi Arabia are committed to speed of decision, as judicial directives provide for finishing cases within a maximum of 180 days, unless there are exceptional complications. Hearings are often held remotely, which speeds up the procedure.
What are the steps for filing a commercial lawsuit via Najiz?
Here is how to file a commercial lawsuit in Saudi Arabia
- Enter the Najiz electronic portal.
- Choose “Judicial Services” then “New Statement of Claim”.
- Specify the type of lawsuit: commercial.
- Fill in the claimant and defendant details.
- Write a summary of the facts and requests.
- Attach the supporting documents.
- Submit the request and wait for the notification setting the first hearing.
What is the wording of a commercial dispute notice before court?
This wording is usually used before submitting a partnership lawsuit form or a contract termination lawsuit form, and includes the following:
- A brief presentation of the dispute.
- An official request to resolve the dispute amicably within a specified period.
A reference to the intention to take judicial action in the event of no response.
The existence of this notice shows good faith and may be used as a supporting document before the court.
Can the form be downloaded in Word format?
Yes, this page provides forms in Word format that are ready to be modified according to each case. The forms are attached with the basic data and can be filled in directly and then submitted through the Najiz portal or filed on paper.
What is the difference between a statement of claim and a claim memorandum?
A statement of claim is the basic document submitted electronically through Najiz to start the lawsuit, and it contains brief details of the parties, the facts and the requests. A claim memorandum is a detailed document submitted later before the judge and includes a precise narration of the facts, the attachments, the statutory characterization, and the final requests.
Do you need further clarification about your situation?
Contact us, and you will be directed to a knowledge source that helps you understand the available statutory options.
Each case differs from another according to the circumstances of the dispute and the parties. The forms provided are for guidance and are not a substitute for legal consultation. It is preferable to consult a licensed lawyer before filing the lawsuit.
- The forms are based on the regulations in force in the Kingdom such as the Commercial Courts Law and the Law of Sharia Procedure.
- They were prepared in a professional educational form that is consistent with the requirements of the Ministry of Justice.
If you have a special case and wish to understand it more deeply within the statutory framework, you can request a general legal consultation through the platform.