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. رد القاضي

    Principle 1543Waiver of an application to challenge an arbitrator or abandonment of the proceedings therein after expiry of the application period. Its implication. Waiver of the right to challenge. - Waiver of the right to challenge.Pleadings — Part One · Source page ٦٦٩
  2. Principle 1544An arbitrator is subject to recusal on the grounds on which a judge is subject to recusal. - Waiver of an application to recuse an arbitrator is not subject to the same rule governing waiver of an application to recuse aPleadings — Part One · Source page ٦٦٩
  3. Principle 1545An arbitrator may be challenged on the same grounds on which a judge may be challenged or becomes disqualified from determining the dispute. - An arbitrator, unlike a judge, may withdraw without determination of the applPleadings — Part One · Source page ٦٧٠
  4. Principle 1546An application for recusal. It must be submitted before any plea is raised; otherwise, the right to it lapses, unless its grounds arise thereafter or the applicant for recusal was unaware of them. Closure of pleadings. IPleadings — Part One · Source page ٦٧٠
  5. Principle 1547An arbitrator may be challenged on the same grounds as a judge. - Grounds for challenging an arbitrator. They must have arisen or appeared after his selection and personal appointment. Its consequence. The litigants' knoPleadings — Part One · Source page ٦٧٠
  6. Principle 1548A judge’s disqualification from determining the action. Its grounds. Issuance of a judgment despite the disqualification of the judge who issued it or participated in issuing it. Its effect. The nullity of that judgment Pleadings — Part One · Source page ٦٧٠
  7. Principle 1550The Public Prosecution is indivisible. The implication of this. Permissibility of the prosecution member who represented it by appearing or expressing an opinion before the Court of Appeal being the same person who reprePleadings — Part One · Source page ٦٧١
  8. Principle 1551A recusal application. It must be investigated in chambers and judgment thereon must be issued at a public hearing.Pleadings — Part One · Source page ٦٧١
  9. Principle 1552The judge whose recusal is sought may examine the facts and grounds of recusal to respond to them within four days following his examination. Article 108 of the Civil Procedure Law.Pleadings — Part One · Source page ٦٧١
  10. Principle 1553Recusal proceedings are genuine litigation between the applicant for recusal and the judge whose recusal is sought. A ruling rejecting the recusal application or declaring it inadmissible. Its effect. An award of costs aPleadings — Part One · Source page ٦٧١
  11. Principle 1554Acceptance of an application for recusal from an agent. Its condition. His submission, when formally lodging it, of a special power of attorney to challenge a particular judge or a particular panel in a specific action. Pleadings — Part One · Source page ٦٧١
  12. Principle 1555Challenging judgments by an independent nullity action. Not permissible. The exception. Nullity affecting a judgment issued by a cassation circuit in a case of disqualification. Article 103, Procedure. - The general rulePleadings — Part One · Source page ٦٧٢
  13. Principle 1556An application for recusal. Failure to submit it before any plea or defence in the case. Its consequence. The right to it lapses. The exception. Grounds arising thereafter, or the applicant for recusal proving that he waPleadings — Part One · Source page ٦٧٢
  14. Principle 1557Rendering a judgment by deliberating on it and signing its draft. Permissible only for the judges who heard oral argument. An impediment affecting any of them, preventing him from attending the pronouncement hearing, andPleadings — Part One · Source page ٦٧٢

  15. مخاصمة القضاة

    Principle 1558Assessing the existence of enmity or affection between the judge and a litigant such as makes it likely that the judge cannot rule without bias, permitting a request for his recusal under Article 104/e of the Civil ProcePleadings — Part One · Source page ٦٧٣
  16. Principle 1559Suing a judge by an action for judicial liability. Impermissible. The reason for this: safeguarding judges' independence and surrounding them with guarantees that preserve their dignity and ensure that they perform theirPleadings — Part One · Source page ٦٧٣
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