المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Pleadings — Part One

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,422 available principles

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  1. خروج المسائل التي اتفق على التحكيم بشأنها عن ولاية المحاكم

    Principle 714A dispute agreed to be submitted to arbitration. A plea that the court lacks jurisdiction to hear it. Does not concern public policy. The right to raise it lapses if raised after addressing the merits. An example.Pleadings — Part One · Source page ٤٩٤
  2. Principle 715An arbitration agreement extends to the merits of the dispute, not its urgent aspect. It does not extend to that aspect unless expressly agreed. Article 173 of the Civil Procedure Code. - An action for an account. An actPleadings — Part One · Source page ٤٩٤
  3. Principle 716A dispute arising from performance of a contract. Jurisdiction of ordinary arbitration to determine it. Its condition. The parties must expressly agree to adopt arbitration as the means of resolving the dispute, and the Pleadings — Part One · Source page ٤٩٤
  4. Principle 717Arbitration is an exceptional avenue of litigation confined to what its parties intend. Consequence thereof. A litigant’s resort to the judiciary in a matter agreed to be arbitrated. A violation of the rules of functionaPleadings — Part One · Source page ٤٩٤
  5. Principle 718Arbitration is a judicial act of a special nature. Its meaning and effect. The proposition that the judge of the principal matter is the judge of the ancillary matter is not to be stated without qualification in relationPleadings — Part One · Source page ٤٩٥
  6. Principle 719The arbitration agreement. The arbitrator has no power to rule on its validity or nullity. One of the parties to arbitration asserting the nullity of the agreement. This necessarily entails a stay of the proceedings befoPleadings — Part One · Source page ٤٩٥
  7. Principle 720Contracts concluded after Laws 11 of 1995 and 26 of 1995 came into force. Interested parties and enterprises established in free zones may agree to settle their disputes arising therefrom by arbitration. Arbitration provPleadings — Part One · Source page ٤٩٥
  8. Principle 721Arbitration is an exceptional avenue of litigation. Its limitation to what the will of its two parties encompasses. The necessary consequence and implication thereof: a litigant's recourse to the courts in a matter in rePleadings — Part One · Source page ٤٩٥
  9. Principle 722The rule is that a litigant’s resort to the courts in a matter in respect of which arbitration was agreed constitutes a violation of the rules of functional jurisdiction. That jurisdiction does not concern public policy.Pleadings — Part One · Source page ٤٩٦

  10. اختصاص هيئات التحكيم القضائي

    Principle 723Arbitration is a judicial act of a special nature. The arbitrator derives his authority therein from the parties' agreement to submit to his arbitration; its subject matter must be specified in the submission agreement, Pleadings — Part One · Source page ٤٩٦
  11. Principle 724Jurisdiction of the arbitral tribunal in disputes concerning company shares transacted on deferred terms. Limited to rendering an award in those disputes. Disputes concerning enforcement of that award fall within the jurPleadings — Part One · Source page ٤٩٦
  12. Principle 725The arbitration tribunal for disputes concerning company shares transacted on deferred terms. Its exclusive jurisdiction to determine these disputes and the claims arising from them, including those relating to rights evPleadings — Part One · Source page ٤٩٦
  13. Principle 726The arbitral tribunal for disputes concerning company shares traded on a deferred basis. Its jurisdiction ends with issuance of the final binding award on the merits of the dispute. Enforcement of the award. Its subjectiPleadings — Part One · Source page ٤٩٧
  14. Principle 727Civil and commercial disputes in respect of which Law 11 of 1995 concerning arbitration therein was enacted. These are the disputes falling within the jurisdiction of the arbitration tribunal, to the exclusion of disputePleadings — Part One · Source page ٤٩٧
  15. Principle 728The bank administering indebtedness subject to Law 41 of 1993. The assets under its administration. Transfer of their ownership to the State as private property. Its decisions concerning them. Not administrative decisionPleadings — Part One · Source page ٤٩٧
  16. Principle 729The ordinary judiciary is the default holder of judicial jurisdiction. Anything else: an exception to this principle that may not exceed the sphere delineated for its jurisdiction. The determining consideration in establPleadings — Part One · Source page ٤٩٧
  17. Principle 730Disputes that the arbitration tribunal has jurisdiction to determine. Their nature. It has no jurisdiction to determine disputes concerning administrative contracts over which the Administrative Circuit of the Court of FPleadings — Part One · Source page ٤٩٧
  18. Principle 731Judicial arbitration panels constituted pursuant to Law 11/1995 lack jurisdiction to hear administrative disputes. Jurisdiction in that regard belongs to the Administrative Circuit of the Court of First Instance. - AdminPleadings — Part One · Source page ٤٩٧

  19. بوجه عام

    Principle 732Contracts concluded after Laws 11 of 1995 and 26 of 1995 entered into force. Interested parties and projects established in free zones may agree to settle their disputes arising therefrom through arbitration. The arbitraPleadings — Part One · Source page ٤٩٨
  20. Principle 733Res judicata effect does not attach to conclusive judgments. Preparatory judgments. They do not acquire res judicata effect unless the judgment has determined, in its reasons or operative part, a segment of the dispute aPleadings — Part One · Source page ٤٩٨
  21. Principle 734A lease contract’s inclusion of substantial terms unusual in an ordinary lease. A legal presumption that its parties intended to create a contract other than a lease. The provisions of the Commercial Code apply to it. - Pleadings — Part One · Source page ٤٩٨
  22. Principle 735The non-appealability of a judgment terminating the proceedings. Its implication. The non-appealability of a judgment not terminating the proceedings, even after the terminating judgment is issued. Example: a judgment thPleadings — Part One · Source page ٤٩٩
  23. Principle 736The provisions of Law 51 of 1984 concerning the jurisdiction of the Personal Status, Appellate and Cassation Chambers. Subject-matter jurisdiction relating to public order. Final judgments issued by them have binding autPleadings — Part One · Source page ٤٩٩
  24. Principle 737The Decree-Law concerning the subject-matter jurisdiction of the labour circuits of the Court of First Instance over labour disputes regardless of their value. Its provisions contain no exemption of judgments rendered thPleadings — Part One · Source page ٤٩٩
  25. Principle 738Issuing a cheque is deemed a commercial act by its nature in all circumstances. The effect thereof. Entitlement to interest on the debt and jurisdiction of the Commercial Circuit of the Court of First Instance to hear thPleadings — Part One · Source page ٤٩٩
  26. Principle 739The provision in Article 14 of the Law of Procedure attributing subject-matter jurisdiction to the Court of First Instance, not to its circuits. Its meaning. The assignment of particular actions to circuits of that courtPleadings — Part One · Source page ٤٩٩
  27. Principle 740A judgment staying proceedings in the action. Its criterion. The preliminary issue upon whose determination the judgment on the merits of the action is made dependent must fall outside the court's functional or subject-mPleadings — Part One · Source page ٤٩٩
  28. Principle 741A judgment on the merits. Necessarily includes an implicit ruling on jurisdiction. Limiting the appeal to the judgment on the merits. Its effect. The implicit ruling acquires res judicata effect. This effect may not be dPleadings — Part One · Source page ٥٠٠
  29. Principle 742Assignment of particular actions to the various circuits of the Court of First Instance by a decision of the General Assembly. It is not a matter of subject-matter jurisdiction but merely an administrative distribution oPleadings — Part One · Source page ٥٠٠
  30. Principle 743A first-instance judgment rendered on the merits of the action. Its necessarily including an implicit ruling that the court has jurisdiction to hear it. A litigant’s restricting his appeal to the judgment’s ruling on thePleadings — Part One · Source page ٥٠٠
  31. Principle 744Fees assessed on vacant land under Law 50 of 1994. A grievance against them may be lodged with the Ministry of Finance subject to the conditions specified by the Implementing Regulations of this Law. Objection is not conPleadings — Part One · Source page ٥٠٠
  32. Principle 745Cassation of a judgment for violating the rules of jurisdiction. Limitation of the determination therein to this issue, with designation of the competent court where appropriate.Pleadings — Part One · Source page ٥٠١
  33. Principle 746Conservatory arrest of a vessel. Bringing an action to validate the arrest and establish the right. The arrest report, upon its service on the party whose property is arrested, must include a summons to appear before thePleadings — Part One · Source page ٥٠١
  34. Principle 747Assignment of a chamber of the Court of First Instance to a particular type of case. Organization of work among the court’s chambers. No connection with subject-matter jurisdiction. Its effect. A civil chamber hearing a Pleadings — Part One · Source page ٥٠١
  35. Principle 749The issue of lack of subject-matter jurisdiction. Its relation to public order. Effect thereof. It is deemed always before the court of merits, and the right to invoke it does not lapse even if the litigants waive it. ItPleadings — Part One · Source page ٥٠١
  36. Principle 750The female respondent's final requests in the first action, "relied upon against her," were for a judgment allocating custody accommodation to her in the dwelling in dispute in her capacity as custodian. This differs in Pleadings — Part One · Source page ٥٠١
  37. Principle 751The determining factor in identifying the competent judicial forum is the relief sought by the plaintiff in the action. - The respondent’s request to enable her and the children in her custody to reside in the housing alPleadings — Part One · Source page ٥٠٢
  38. Principle 752A plea of lack of subject-matter jurisdiction. It concerns public order. The implication thereof. In relation to the type of action, it is deemed to exist in the proceedings and to be always before the court, even if notPleadings — Part One · Source page ٥٠٢
  39. Principle 753Subject-matter jurisdiction. A matter pertaining to public policy. It is deemed to subsist and to be before the court of merits even if the litigants do not plead it, and its judgment on the merits is deemed to include aPleadings — Part One · Source page ٥٠٢
  40. Principle 755A plea of lack of subject-matter jurisdiction is a matter concerning public policy. It is regarded as existing in the proceedings and as being before the court even if not pleaded before it, and the court rules on it of Pleadings — Part One · Source page ٥٠٣
  41. Principle 756The plea of lack of subject-matter jurisdiction. A matter of public policy. Article 78 of the Civil Procedure Code. The import thereof. It is deemed present in the proceedings and always before the court even if not raisPleadings — Part One · Source page ٥٠٣
  42. Principle 758The issue of subject-matter or value-based jurisdiction. Considered always present in the proceedings and before the court of fact. The court must rule on it of its own motion even if it has not been pleaded before it. -Pleadings — Part One · Source page ٥٠٣
  43. Principle 759A judgment that the court lacks subject-matter jurisdiction to hear the action and referring it to another circuit. It does not terminate the entire proceedings. It may not be appealed independently. Example. - 503 - CivPleadings — Part One · Source page ٥٠٣
  44. Principle 760Staying an action pending determination of a matter on which judgment on its merits depends. Within the authority of the court of merits. Criterion therefor. The matter necessary for judgment must fall outside the court’Pleadings — Part One · Source page ٥٠٤
  45. Principle 761The issue of subject-matter jurisdiction. Its relation to public policy. The effect thereof. It is deemed present in the litigation and always before the court of merits, even if not pleaded before it, and the court mustPleadings — Part One · Source page ٥٠٤
  46. Principle 762- A plea that the court lacks subject-matter jurisdiction to hear the action. The judgment accepting or rejecting it acquires res judicata effect before the courts of the judicial branch that issued it, even if contrary Pleadings — Part One · Source page
  47. Principle 763Subject-matter jurisdiction. A matter of public policy. The court must rule on it even if no plea concerning it is raised before it.Pleadings — Part One · Source page
  48. Principle 764A plea of lack of subject-matter jurisdiction. A matter concerning public order. The Court of Cassation may address it of its own motion even if it was not included in the petition of appeal.Pleadings — Part One · Source page
  49. Principle 765The judgment’s ruling accepting or rejecting a plea that the court lacks subject-matter jurisdiction to hear the action. Effect thereof. Its acquiring res judicata effect in this respect before the courts of the judicialPleadings — Part One · Source page
  50. Principle 766The authority of res judicata. Its relation to public policy. Its implication: a judgment rendered by a judicial body vested with jurisdiction, decisively adjudicating the whole or part thereof, acquires authority that mPleadings — Part One · Source page
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