The Implementing Regulations of the Commercial Courts Law

In addition to the data stipulated in Article 76 of the Regulations, a summary petition shall include the following: a. A summary of the subject-matter of the claim and the basic data; b. Determination of the summary petition and grounds thereof; and c. Justifications for the state of urgency. Filing and Recording a Summary Petition The competent department shall record the petition and shall immediately refer same to the circuit upon setting a date for the consideration thereof. Deciding a Summary Petition If the plaintiff or his representative fails to appear at the specified time for considering the summary petition, the court shall decide to reject said petition. Deciding a Summary Petition The circuit may decide a summary petition without notifying the defendant whenever the nature of the petition so requires, provided that the party against whom a judgement is rendered be furnished with a copy of the petition immediately upon the issuance thereof. Deciding a Summary Petition The circuit shall decide the petition in the first hearing, and may, when necessary, adjourn deciding thereon. In all cases, the petition shall be decided within a period not exceeding three working days as of the date of referral. Deciding a Summary Petition A summary petition may, when necessary, be decided at times other than the official working hours or within official holidays. Deciding a Summary Petition The court shall limit its consideration of a summary petition to the availability of the conditions of the petition, without verifying the establishment of the substantive right. Deciding a Summary Petition The circuit shall refer to the competent department the judgement issued with regard to a summary petition within a period not exceeding the day following the date of pronouncement thereof. Expiration of Judgement in a Summary Petition 1. The expiration of a judgement means the termination of effects thereof. 2. Any concerned party may apply to the court to obtain proof of any reason requiring the expiration of a judgement rendered in a summary petition. Expiration of Judgement in a Summary Petition The provisions of Paragraph (2) of Article 35 of the Law shall apply to a petition for revocation or amendment of a judgement rendered in a summary petition in the event that a new incident affecting the case arises. Expiration of Judgement in a Summary Petition The judgement rendered in summary petitions under the provisions of Paragraph 1 (c) of Article 35 of the Law shall not expire with the issuance of a first-instance ruling on the original petitions. Special Provisions for Certain Summary Petitions A petition for travel ban shall be accompanied by a cash security of at least 2% of the original claimed amount; the court may, when necessary, require presenting an additional security. Special Provisions for Certain Summary Petitions A person banned from travel pursuant to a ruling rendered in a summary petition may submit to the court a security equivalent to the claimed amount; the court shall authorize said person to travel upon presenting such security. Evidence Should the court decide to abandon the evidentiary procedures it has ordered, or to disregard the results of same, it shall explain the grounds for such decision in the case record or the judgment. Admission Unless the reconciliation and mediation parties agree otherwise, and with the exception of evidences and documents available by means other than reconciliation and mediation and the requirements for the implementation of same, no admission made during the reconciliation and mediation procedures, or concluded from the offers and documents presented therein, or resulting therefrom shall be invoked. Writing A person against whom an ordinary paper is invoked and he has discussed its subject-matter, may not thereafter deny that the handwriting, signature, seal, or fingerprint therein belongs to him.