Judicial principles and studies
Subject-matter Jurisdiction of the Economic Chamber in Banking-related Claims
Decision reference: تمييز حقوق هيئة عامة رقم (٣٨٩٤-٢٠٢٥).
This study summarizes when the economic chamber has jurisdiction over banking claims exceeding 100,000 dinars, outlines what constitutes banking operations, and highlights liability issues from specially endorsed checks.
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Judicial principles and studies
Updated: 10 September 2026
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This study summarizes when the economic chamber has jurisdiction over banking claims exceeding 100,000 dinars, outlines what constitutes banking operations, and highlights liability issues from specially endorsed checks.
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Subject
The study addresses when the economic chamber has subject-matter jurisdiction over disputes arising from banks' activities: all claims related to banking operations with a claim value exceeding 100,000 dinars fall within the chamber's jurisdiction. This jurisdiction is a matter of public order that the court may raise on its own and cannot be contracted away.
Summary
The term "banking operations" is broad and covers activities such as accepting deposits, issuing letters of credit, guarantees and sureties, opening accounts, granting loans and facilities, transferring funds, managing financial transactions, discounting commercial papers, paying and collecting negotiable instruments, among other listed examples. A bank's payment of specially endorsed checks is part of its banking activity; such checks may be paid only to the designated bank or to its client if the client is the drawee. If the bank violates this rule, it incurs legal liability to compensate up to the check's value. The bank's liability may arise from contract or law and is governed by commercial law, banking law, central bank law, and the applicable regulations and instructions, including when the bank fails to follow prescribed check-payment procedures.
Practical significance
Claims exceeding 100,000 dinars that relate to banking operations should be brought before the economic chamber, bearing in mind that jurisdictional rules here are of public-order nature. Parties should recognize when a dispute is banking-related for proper venue selection and be attentive to check-payment rules and potential bank liability for procedural breaches. This is a general educational summary and not a judicial text or legal advice. Appeal reference provided in the source notes: تمييز حقوق هيئة عامة رقم (3894-2025).
Frequently asked questions
Subject?
The study addresses when the economic chamber has subject-matter jurisdiction over disputes arising from banks' activities: all claims related to banking operations with a claim value exceeding 100,000 dinars fall within the chamber's jurisdiction. This jurisdiction is a matter of public order that the court may raise on its own and cannot be contracted away.
Summary?
The term "banking operations" is broad and covers activities such as accepting deposits, issuing letters of credit, guarantees and sureties, opening accounts, granting loans and facilities, transferring funds, managing financial transactions, discounting commercial papers, paying and collecting negotiable instruments, among other listed examples. A bank's payment of specially endorsed checks is part of its banking activity; such checks may be paid only to the designated bank or to its client if the client is the drawee. If the bank violates this rule, it incurs legal liability to compensate up to the check's value. The bank's liability may arise from contract or law and is governed by commercial law, banking law, central bank law, and the applicable regulations and instructions, including when the bank fails to follow prescribed check-payment procedures.
Practical significance?
Claims exceeding 100,000 dinars that relate to banking operations should be brought before the economic chamber, bearing in mind that jurisdictional rules here are of public-order nature. Parties should recognize when a dispute is banking-related for proper venue selection and be attentive to check-payment rules and potential bank liability for procedural breaches. This is a general educational summary and not a judicial text or legal advice. Appeal reference provided in the source notes: تمييز حقوق هيئة عامة رقم (3894-2025).
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