My buyer from Saudi Arabia issued cheques from KSA bank to the UAE and they bounced. Where to sue him?

Dear M.,

Thank you for your inquiry.

In your case, since your company is based in Dubai, and the cheques issued by the Saudi Arabian entity were deposited in a UAE bank (where they were returned due to insufficient funds), the appropriate jurisdiction for filing the legal case would be in the UAE, specifically in Dubai Courts.

Here’s why:

Jurisdiction Based on Bank Location: The transaction involves a UAE bank, and the dishonored cheques were processed within the UAE.

As such, UAE courts would have jurisdiction to handle the case, as the banking issue arose within the UAE jurisdiction.

UAE Commercial Transactions Law: The UAE Penal Code and Commercial Transactions Law cover dishonored cheques, even if the issuing party is based outside the UAE, such as in Saudi Arabia.

Cross-Border Enforcement: Should you obtain a judgment from the UAE courts, it can be enforced in Saudi Arabia through the legal frameworks between the two countries for cross-border enforcement of foreign judgments.

Please feel free to reach out if you need assistance in proceeding with the legal filing or further clarification on any aspect of the case.

Best regards,

Mohammed Salah

Legal Consultant

Greetings,

Since the cheques were issued by a Saudi entity from a KSA bank but deposited in a UAE bank, jurisdiction depends on several factors:

UAE Jurisdiction: If the cheques were deposited in a UAE bank and bounced, you may be able to file a case in the UAE under criminal and civil proceedings for dishonored cheques.

KSA Jurisdiction: If the issuer has assets or operations in Saudi Arabia, legal action in KSA may also be an option.

The best approach depends on the specific contract terms and applicable banking laws.

Book a consultation with Future Vision for Advocacy and Legal Consultancy to assess the strongest legal course and initiate action.

Would you like our firm to handle this matter for you?

We are happy at Future Vision Law Advocates and Legal Consultancy to assist you and provide the best legal services that meet your needs.

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Dear Valued Client,

Thank you for your inquiry regarding the jurisdiction for filing a legal case involving cross-border cheque transactions between the UAE and Saudi Arabia.

I appreciate the complexity of your situation and understand the importance of choosing the appropriate jurisdiction for your case.

Given the international nature of the transaction, there are several factors to consider:

1. Contract execution location

2. Governing law clauses in your agreement

3. Debtor's location

4. Place of cheque issuance

5. Intended place of payment

Based on these factors, you may have grounds to file in either the UAE or Saudi Arabia. Each option presents its advantages and challenges in terms of legal process and enforcement.

Given the complexities involved in cross-border commercial disputes, I strongly recommend consulting with a legal expert who specializes in UAE-Saudi Arabian business law.

They can provide you with tailored advice based on the specific details of your case and the most current legal frameworks in both jurisdictions.

If you require any further clarification or assistance, please do not hesitate to ask.

Yours sincerely,

ABDUL WAHIED

Judicial Authority of the Kingdom of Saudi Arabia.