Saudi Arabia International Trade in Legal Services

Is there legislation governing the legal sector

The Code of Law Practice

Under what title do lawyers practise?

Lawyers in Saudi Arabia practise under a single title, 'mohamy', which may be translated as 'advocate' or 'lawyer'.

How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?

In order to practise as an advocate, an individual must have his name registered in the table of practising advocates. In order to be registered, an individual must: 1. Hold Saudi nationality. A non-Saudi may practise as an advocate subject to the provisions of any agreements between the Kingdom and other countries; 2. Be in possession of a degree from a Islamic Law college or a B.A degree in law from one of the universities of the Kingdom, or the equivalent or either of these two degrees from outside the Kingdom,  or hold a diploma in law studies from the Institute of Public Administration following a university degree; 3.Have fulfilled a training period of not less than 3 years, or 1 year in the case of holders of a Masters Degree in Islamic Law or other legal specialization, or equivalent;    4. Be of good conduct and behaviour;  5.Not to have been convicted of dishonesty, unless at least 5 years have elapsed since the completion of the sentence;  6.Be resident in the Kingdom.   Licences are valid for five years.

Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits

Saudi Arabian lawyers are entitled to practise throughout the country

Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction?

According to the Code of Law Practice, advocates are the only persons entitled to practise law, although there are some exceptions for next-of-kin, company lawyers and government representatives who may appear in court on behalf of their relative/employer.

According to article 3A of the Code of Law Practice, the practice of law is reserved to Saudi nationals, subject to any provisions in agreements between the Kingdom and other countries.

According to article 10 of the Code of Law Practice, Saudi lawyers may establish law firms with other registered lawyers, in accordance with the provisions of the regulation on professional partnerships. Companies

What other ethical or regulatory requirements must a licensed lawyer comply with? 

The Code of Law Practice sets out further conduct requirements that a licensed Lawyer must comply with, in particular in relation to conflicts of interest. There is no separate Code of Conduct for lawyers.

Do law firms need to receive a "license" (or permission/approval) to practice law?

Lawyers who establish law firms in accordance with the Professional Partnerships Regulations need to register these in accordance with the professional partnerships regulation. Saudi lawyers may have more than one office in the Kingdom but need to register each one with the Ministry of Justice. 

Which authority issues licences? Are there different authorities for individuals and firms? 

Registration of lawyers is undertaken by the Lawyers Registration and Admission Committee, which comprises the Deputy Minister of Justice, a representative from the Board of Grievances and a practising lawyer appointed by the Minister of Justice

Is the jurisdiction a member of the WTO?

Saudi Arabia joined the WTO on 11 December 2005.

Has it made any commitments under GATS in legal services?

Saudi Arabia has scheduled full commitments in modes 1-3 for legal services consultancy on the law of jurisdiction where the services supplier is qualified as a lawyer and on international law. There is a 75% limit on foreign ownership of legal consultancies and representation in court reserved to Saudi nationals.

Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries?

The Kingdom of Saudi Arabia is a party to the Gulf Cooperation Council and the Pan Arab Free Trade Area

Saudi Arabia has not included any special provisions on legal services in its bilateral trade agreements

Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements?

GCC lawyers may appear in Saudi courts if their home jurisdictions offer reciprocal rights to Saudi lawyers.

There are around eight foreign (US, UK and French) firms with a presence in Saudi Arabia.

There are no separate rules on temporary practice.

Foreign lawyers can obtain visas to enter Saudi Arabia as legal consultants but require a letter of invitation from a Saudi business or government department.

A non-Saudi may be licensed to practise as a legal consultant in Saudi Arabia but this licence does not permit the individual concerned to plead before the courts, the Board of Grievances or any other committee mentioned in article 1 of the Code of Law Practice.  

A licensed foreign lawyer must also fulfil the following conditions:  He should be engaged in legal consultancy work on full time basis, he should reside in the Kingdom for a period of not less than 9 months in a year and he should regularly attend the office and sign all the correspondence issued by the office in relation to cases.  He may, however, appoint a Saudi advocate to undertake these tasks on his behalf.

In order to obtain a limited licence to practice in Saudi Arabia, a foreign lawyer must fulfil all the conditions required of a Saudi lawyer (as set out in Article 3 of the Code of Law Practice), with the exception of the nationality requirement.  He must also have prior practice experience of not less than 5 years.

Under Saudi Arabia's 1983 arbitration law, arbitrators had to have full civil capacity, which meant that they had to be male and of the Islamic faith. The new 2012 Act requires that sole arbitrators or chairmen of panels of arbitrators should hold at least a university degree in Islamic Law

Are foreign lawyers allowed to appear in court under any circumstances?

An Arab Lawyer, who is a national of a member country of the Arab Union, has the right  to plead before the Saudi courts in conjunction with a registered Saudi lawyer provided reciprocal access is granted in the visiting lawyer's home country.

Can foreign lawyers requalify as local lawyers?

Can a foreign law firm obtain a licence to open an office?

Foreign law firms may only practise in association with Saudi law firms.

Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc)

Licensed foreign legal consultants may set up as sole practitioners or in partnership with a Saudi lawyer

Not applicable

Not applicable

Foreign lawyers may practise as individuals but in a corporate structure they must have at least one Saudi partner, so the maximum ownership share of a foreign law firm is 50%.

Not applicable

Partnerships between foreign and Saudi lawyers are permitted

A non-Saudi lawyer may also work for a Saudi lawyer provided that his work is limited to the preparation of memoranda in the name of the advocate in possession of the license and providing assistance to him.

Other useful sources or comments or links

www.sagia.gov.sa,  www.mci.gov.sa , http://www.mohamoon-ksa.com/