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    Formation of an appellate committee for banking disputes

    By Hassan Alfayoumi

    The Royal Decree Number: – (24/A), dated in 18/02/1437H, was issued stipulating to form the 1st Court of the Banking Disputes Committee, and the 1st Court of the Appeal Committee of Banking Disputes and Violations, according to (Secondly) and ( Fifthly) paragraphs of the Royal Decree number 37441, dated in 11/08/1433H,

    Firstly: – Banking Disputes Committee: –

    • In the beginning, the Committee for the Settlement of Disputes between Commercial Papers No. (729/8) was established on 10/7/1407 AH, and its powers are to study cases between banks and their clients in order to settle disputes, and find solutions between each other, between them and each other, and it consists of only one level of litigation.
    • Then Royal Decree No. (4/B/110) dated 2/1/1409 AH was issued, which stipulates that the jurisdiction of the Banking Dispute Settlement Committee is limited to cases and cases of a purely banking nature, such as opening credits and accounts of all kinds and loans.
    • On 11/8/1433 AH, Royal Decree No. 37441 was issued to amend the name of the Banking Disputes Settlement Committee to become the Banking Disputes Committee, specifying its jurisdiction to adjudicate original banking disputes, and banking disputes by association, in a manner that does not conflict with the competencies of other judicial authorities, and objections may be made. on its decisions within (thirty) days from the date of notification, otherwise the decision becomes final and not subject to appeal.
    • The aforementioned royal decree also included the establishment of an Appeals Committee for Banking Disputes and Violations to consider the objections submitted against the decisions of the Banking Disputes Committee, and to consider the objections submitted against the decisions of the Committee for the Adjudication of Violations of the Banking Control Law stipulated in Article (25) of the Banking Control Law Banks issued by Royal Decree No. (M/5) dated 22/2/1386 AH, and their decisions are issued by the majority and are not subject to appeal before any other party.

     

    Secondly: The Committee for the Resolution of Financing Violations and Disputes:

    • As for the committees to resolve violations and financing disputes, they were formed after approving the regulations related to financing, based on Paragraph (Third) of Royal Decree No. (M/51) dated 8/13/1433 AH, which approves the finance companies control law, and it consists of two levels Primary and appellate litigation The Primary Committee is competent to adjudicate violations, disputes, and public and private right cases arising from the application of the provisions of the Finance Companies Control Law and the provisions of the financial lease law and their regulations, rules and instructions, as well as adjudicate grievances of stakeholders from the relevant decisions of the Saudi Arabian Monetary Agency, and objections may be made. on its decisions within thirty days from the date of notification, otherwise the decision becomes final and not subject to appeal before any other party.
    • The Appeals Committee is competent to decide on the objections submitted against the decisions of the Committee for the Resolution of Violations and Funding Disputes, and its decisions are issued by the majority and are final and not subject to appeal before any other party.

    Third: The date of commencement of work:

    These committees will begin their duties after the issuance of their working rules based on Clause (1) of Paragraph (Tenth) of Royal Order No. 37441 dated 08/11/1433 AH, and on Clause (8) of Paragraph (Third) of Royal Decree No. (M/51) And the date of 8/13/1433 AH.

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