An-Najah University Journal for Research - B (Humanities)


The current study tackled the issue of referral for the lack of jurisdiction in light of the Palestinian Civil and Commercial Procedure No. 2 of 2001 and also in light of the judgments passed by Palestinian courts. This was achieved, mainly, through understanding the nature of the concept of referral and its distinguishing legal characters from other similar but inherently different concepts. Based on the said law, the study then focused on the process of referral between the different judicial bodies; between the first instance and the second instance courts and between the subject matter courts and the Court of cassation and vice versa. The study has also focused on the difference between referral based on lack of jurisdiction the one hand and both of referrals before the settlement judge and that of nexus-based referral. The study has reached very important results in this regard.