The question of jurisdiction - that is, where the case against Maan Al-Sanea should be heard - has become an important one in this dispute. In fact, Sanea is arguing that the case has no right to be heard in New York at all. He argues it should be heard in Saudi Arabia alone, a view that AHAB disputes.
This excerpt from the summary of the affidavit of Maan Abdul Wahed Al –Sanea, submitted 28 October 2009 to the New York Supreme Court (see 'Legalities' for the full summary) gives further insight into why he argues the case should be heard in Saudi Arabia:
"I have never lived in New York, do not own a residence, never registered a business or have any offices in New York. I have never filed a tax return in New York State. The only bank account I have ever personally maintained in New York is a joint checking and account and credit card my wife and I maintained at Citibank. The majority of funds was withdrawn nearly a year ago and the credit card account closed.AHAB has failed to inform this court it made a similar complaint against me to the KSA authorities in May this year, alleging I had defrauded AHAB. As a result a government committee was ordered by the highest authorities to investigate the allegations. It is my understanding the committee has the power to grant full relief to AHAB or me when, as I expect, the committee determines I have been falsely accused by AHAB.
Litigation in New York would be a substantial hardship in me. Many if not all of the witnesses speak Arabic as a first language; many relevant document are in Arabic; and all of AHAB’s partners, except the one in Dubai, live in KSA. None of us can travel to New York, except the one in Dubai, because the KSA government has restricted our foreign travel while the committee in KSA considers the matter. Even if travel restrictions were lifted, there is no guarantee that any of us could obtain visas.
The cost and burden of conducting these proceedings in Arabic, in Al Khobar, where we live as neighbours is negligible compared to what they would be New York.
Because I believe the court lacks jurisdiction over me, I do not propose to address the merits of the AHAB claims against me in this affidavit. I vigorously dispute those claims and will disprove them at an appropriate time and in an appropriate form."
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As this recent news article shows, this is one area of disagreement to watch, as it could have big repercussions:
US Judge is wary of Saudi case - The National, 1 April 2010
