The Electronic Evidence and its Role in Proof Under the Saudi Law of Commercial Courts Compared with the UAE Laws

Abstract

In commercial transactions, proof is deemed to be one of the most significant matters which are often invoked by litigants before courts. However, electronic evidence has become, at the present time, one of the most important pieces of evidence which are relied on by the parties to disputes in order to substantiate their claims; therefore, it is now necessary to resort to modern methods to prove cases and disputes arising between merchants. This research aims to highlight the concept and types of electronic evidence, and the conditions for the validity of electronic evidence, which is used as proof; together with the restrictions associated with its authenticity with respect of proof before the commercial courts in accordance with the Saudi Law of Commercial Courts, compared with the UAE Law of Commercial Electronic Transactions. The research concludes that electronic evidence can be relied on to prove commercial transactions, whenever, the required conditions for the validity of such evidence are available; whether this evidence is in the form of written letters, electronic documents, or electronic records. The research also proposes that intensive teaching and training courses should be offered to judges, especially the judges of the commercial courts; and such courses should focus on electronic proof, and they should not only be limited to theoretical aspects, but should also include practical aspects such as digital signature mechanism, and data encryption mechanism, as well as other technical issues related to electronic proof, and how they can be relied on, and the authenticity thereof in commercial disputes.