Litigation Dispute Resolution Comparative Guide

Article Insights

1 Legal framework

1.1 What system of jurisprudence applies in your jurisdiction? What implications does this have for litigation?

Kuwait follows the "civil law system" system, mainly influenced by Egyptian law, which itself is modeled after the French legal system and rooted in French civil law principles. The Kuwaiti legal system, like other civil law jurisdictions, is codified, with legislation being the primary and major single source of Kuwaiti Law.

Kuwaiti laws are enacted pursuant to the legislative power vested in the Emir and the National Assembly in accordance with the Constitution.¹ In Kuwait, laws are promulgated after being approved by the National Assembly and ratified by the Emir² and within two (2) weeks from the date of their promulgation publication in the Official Gazette is required, after which such law enters into effect within one (1) month from the date of publication in the Official Gazette³ and then officially becomes the Law.

Kuwaiti Constitution confers the judicial power on the courts, which are only authorized to exercise those powers within the limits prescribed by the Constitution.⁴ Kuwait does not follow common law legal system. Unlike common law countries such as United States, Kuwaiti Courts do not create laws and a judicial precedent does not hold binding authority, though prior judgments may offer persuasive value in certain circumstances.

The court judgments strictly follow and apply enacted Kuwaiti Laws, for which the courts have powers to interpret laws and may set out principles on application of the Law, but themselves do not create the Law, as it happens in common law jurisdictions.

Next come the regulations necessary for the arrangement of public services and departments. Usually, regulations may be issued by pertinent ministries for the implementation of a certain law. Pursuant to Kuwaiti Constitution, provisions of a regulation cannot be contradictory to the law.⁵ Therefore, regulations or rules adopted by the ministries have to have their basis in law and thereby promulgated in the same manner as well. Under the constitution of Kuwait, governmental authorities are bound to ensure that any rules or procedures they may adopt must be in conformity with the Law and not contradictory to it. In short, government authorities cannot impose requirements or implementation processes with no basis in law and any regulation issued by any ministry, or rules subordinate thereto, for the implementation of a certain law must not be contradictory to or deviate from the enacted laws.⁶

Under the constitution of Kuwait, governmental authorities are bound to ensure that any rules or procedures they may adopt must be in conformity with the Law and not contradictory to it. Similarly, prevalence of an illicit or illegal practice, regardless of its scale, does not change the position of the law or mitigate against the illegality of the act or practice in question. Any practices, regardless of their magnitude or prevalence, inconsistent or in violation of any existing Law will be considered illegal and the courts are bound to deem those illegal and apply the enacted Law instead.⁷

Article 166 of the Constitution provides that "the right of litigation is guaranteed for all people and the law shall state the procedures and situations necessary for the exercise of this right." In litigation, this means that arguments are typically constructed based on application of enacted legislation and the statutory interpretation thereof. The role of judges is inquisitorial rather than mere adversarial, as they are tasked with actively managing the proceedings, examining evidence, and applying the law to reach a decision, rather than merely relying on party-driven arguments. Kuwaiti legal structure places significant importance on written submissions and procedural compliance, therefore, making well-prepared pleadings and strategic timing essential to successful litigation.

1.2 What rules govern litigation in your jurisdiction?

Litigation in Kuwait is governed primarily by Law No. 38 of 1980 (the Civil and Commercial Procedure Law ("KCCL")), which outlines the general procedures for filing and recording of cases, service of processes, attending hearings, submitting evidence, appealing judgments, and execution procedures.

Nonetheless, various substantive laws that that govern specific areas (e.g contracts, torts, companies, real estate etc) provide for rights and duties of individuals in certain contexts that may impact the basis of legal claims in litigation. These laws may also provide for legal standards and burdens of proof; types of damages available to plaintiffs in litigation; and time limits for filing claims. For example, in commercial matters, the Commercial Transactions Law (Law No. 68 of 1980) provides substantive rules for commercial claims governing traders and commercial transactions; Kuwait Law No. 1/2016 on the Issuance of the Companies Law ("Company law") addresses litigation related matters for companies; Labor Law (Law No 6 of 2010) provides for rules concerning employment related litigation: and the Kuwaiti Civil Code (Law No. 67/1980) provides for rules concerning breach of contract related litigation, among others.

1.3 Do any special regimes apply to specific claims?

Yes, Kuwait applies specific procedural regimes to certain types of claims. For example:

1. Administrative Disputes: Kuwait Decree-Law No. 20/1981 provided for the establishment of a Circuit in the Court of First Instance for adjudicating administrative disputes, which has sole jurisdiction to hear disputes that arise between administrative authorities and the other contracting party in commitment agreements, public works contracts and procurement contracts or any other administrative contract.
2. Consumer Protection Laws: Kuwait Law No. 39/2014 provides for a specialized regime on consumer protection.
3. Employment-related claims: Labour Law No. 6 of 2010 provides for a special regime for labor disputes, which mandates that parties first file a complaint at the Labour Disputes Department at the Ministry of Social Affairs before proceeding to court.
4. Bankruptcy Claims: Bankruptcy and insolvency cases fall under its special regime via Law No. 71 of 2020.
5. Environmental Claims: Kuwait Law No. 42/2014 on the issuance of the Environment Protection Law.
6. Kuwait Law No. 1/2016 on the Issuance of the Companies Law is a special regime for the Companies law.
7. Family law matters are subject to specialized Personal Status Courts, which adjudicate based on Islamic jurisprudence and are divided along sectarian lines (Sunni, Shia).

1.4 Which bilateral and multilateral instruments have relevance to litigation in your jurisdiction?

Kuwait is a signatory to several bilateral and multilateral treaties that impact litigation in certain aspects. Some of the notable instruments include the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), which was ratified by Kuwait in 1978. It governs enforcement of international arbitration awards; the GCC Convention for the Execution of Judgments, Delegations, and Judicial Notifications (1996), which streamlines recognition and enforcement of court judgments among GCC countries.

2 Judicial structure

2.1 What courts exist in your jurisdiction and how are they structured?

A. Court of Summary – Pursuant to Article 29 of Kuwaiti Civil and Commercial Procedures Law (Decree-Law No. 38/1980), the Court of Summary has the subject matter jurisdiction to render a preliminary judgment in a civil or commercial lawsuit whose value does not exceed KD 5,000 and its judgment is final if the value of the lawsuit does not exceed KD 1,000.

B. Court of First Instance – It is divided into various circuits (civil, commercial, criminal, labor, and administrative) and hears cases at the initial level. Pursuant to Article 29 of Kuwaiti Civil and Commercial Procedures Law (Decree-Law No. 38/1980) ("KCCL"), the Court of First Instance has the jurisdiction to render "preliminary judgments in civil and commercial lawsuits that do not fall within the jurisdiction of the Court of Summary, unless otherwise prescribed by the law." It also has jurisdiction to render preliminary judgments on all the disputes related to personal status, such as marriage, divorce, descent and support prescribed by the Sharia as well as custody over property and self, trusteeship, custodianship, guardianship, interdiction, absence, considering the missing as deceased, inheritance, will, Waqf and other personal status matters, unless otherwise prescribed by the law. It also has jurisdiction to adjudicate on cases of appeal filed thereto against preliminary judgments rendered by the Court of Summary or the Magistrate of Summary Justice.

Pursuant to Article 35 of KCCL, the Court of First Instance has the jurisdiction to adjudicate on an incidental request or a request related to the original request irrespective of its value or type.

Pursuant to Article 36 of KCCL, judgment of the Court of First Instance are final if the value of the case does not exceed KD 5,000 or the judgment is on inheritance, will, Waqf and dower provided that the value of the case does not exceed KD 5,000.

C. Court of Appeal – Pursuant to Article 36 of KCCL, the Court of Appeal has jurisdiction to adjudicate on cases of appeal referred thereto against preliminary judgments rendered by the Court of First Instance. Court of Appeal is competent to re-examine both the facts and the law in a case. The litigants may appeal against judgments rendered by Courts of First Instance within thirty (30) days from the date of judgment of the Court of First Instance.

D. Court of Cassation – Court of Cassation is the highest court in the Kuwaiti legal system, The litigants may appeal in cassation against judgments rendered by the High Court of Appeal in the following circumstances:

1. If the contested judgment is based on a violation of the Law or an error in the application or interpretation thereof.
2. If a nullification occurs in the judgment or in the procedures which affects the judgment.

The litigants may also appeal in cassation against any final judgment, irrespective of the court rendering it, ruling on a dispute in contradiction with another judgment previously rendered between the litigants themselves and having acquired force of res judicata.

E. Constitutional Court - Constitutional Court addresses matters concerning the constitutionality of laws and legislative provisions.

2.2 What specialist courts or tribunals exist in your jurisdiction?

Kuwaiti court system comprises of variety of circuit courts established with specific subject matter jurisdictions to handle sensitive or complex matters:

Labor Circuits: Pursuant to Decree-Law No. 46 of 1987, a Labor Circuit is established at the Court of First Instance with exclusive jurisdiction to adjudicate labor disputes arising from the application of the provisions of laws promulgated concerning labor and regulating the relationship between employers and employees in the private sector and the oil business sector and the compensation requests resulted regarding such disputes. Limiting said jurisdiction to the aforementioned Circuit and forming the same in a special form different from the formation of its counterparts of other general departments, entails that its jurisdiction to decide on such disputes is a specific jurisdiction related to public order. (Hearing of April 30, 2012 AD, Appeal No. 284 of 2010 AD, Labor-2)

Administrative Circuit Courts: Pursuant to Article 1 of the Kuwait Decree-Law No. 20/1981on the establishment of a Circuit in the Court of First Instance for adjudicating administrative disputes, an administrative circuit is established in the Court of First Instance composed of three judges. It has exclusive jurisdiction over the following matters, and vested with the mandate to bring about cancellation and compensation:

First: Disputes related to salaries, pensions, remunerations and allowances payable to civil servants or their heirs.

Second: Requests submitted by the concerned parties to cancel administrative decisions issued regarding the appointment to civil service positions.

Third: Requests submitted by civil servants to cancel administrative decisions issued regarding promotion.

Fourth: Requests submitted by civil servants to cancel decisions issued to terminate their service or to subject them to disciplinary penalties.

Fifth: Requests submitted by individuals or authorities to cancel final administrative decisions save for decisions issued on nationality, residence and deportation of non-Kuwaitis, licences to publish newspapers and magazines and places of worship.

Pursuant to Article 2 of the Kuwait Decree-Law No. 20/1981on the establishment of a Circuit in the Court of First Instance for adjudicating administrative disputes, the administrative circuit has sole jurisdiction to hear disputes that arise between administrative authorities and the other contracting party in commitment agreements, public works contracts and procurement contracts or any other administrative contract, and it has authority to exercise full jurisdiction thereover.

Commercial Circuit Court: Commercial cases are heard in a special circuit, namely, Commercial Circuit Court in Kuwait. This Circuit is competent to hear all commercial cases arising between individuals, companies, and government agencies related to business, such as disputes over commercial contracts, banking, insurance, companies, securities, bankruptcy, and intellectual property.

Family Courts: Family Courts, divided by religious denomination (Sunni and Shia), adjudicate personal status issues like marriage, divorce, inheritance, and custody.

Special Penal Circuits: Special Penal Circuits, such as the Misdemeanors and Felonies Courts, manage criminal offenses, including financial crimes.

Special Courts

Court of Ministers

Court of Ministers has jurisdiction over cases brought against ministers. Article 132 of the Kuwaiti Constitution provided: "A special law shall determine the crimes committed by ministers in the performance of their duties and shall specify the procedures for their prosecution and trial, as well as the competent authority for such trials. This shall be without prejudice to the application of other laws regarding ordinary acts or crimes committed by them, and the civil liability resulting from their actions."

Pursuant to Article 132 of the Kuwaiti Constitution, Law No. 88 of 1995 on the Trial of Ministers was enacted, which provides that its provisions apply to every minister "member of the Council of Ministers". This law also specifies the crimes for which a minister could be tried in the Court of Ministers. These crimes are regulated by other penal laws that generally relate to public funds, state security, money laundering, terrorist financing, and corruption.

The procedure for commencing a case against a minister starts with the submission of a complaint to the Public Prosecutor, who then refers it to an investigation committee composed of three Kuwaiti consultants from the Kuwaiti Court of Appeal. This committee examines the seriousness of the complaint, and decides if it would conduct the investigation itself or refer it to the Public Prosecution Office, which is primarily responsible for investigating felonies. The committee then—unless it decides to close the investigation—prepares the indictment and refers the case to a special court composed of five Kuwaiti members from the Court of Appeal, provided that none of its members are former members of the aforementioned committee.

Constitutional Court: The Constitutional Court was established pursuant to Law No. 14 of 1973, which grants it exclusive jurisdiction to interpret constitutional provisions, adjudicate disputes related to the constitutionality of laws, decree-laws and regulations, and adjudicate appeals concerning the election of members of the National Assembly or the validity of their membership. The ruling of the Constitutional Court is binding on all courts.

Article 2 of this law stipulates that "the Constitutional Court shall consist of five advisors selected by the Judicial Council by secret ballot. Two reserve members shall also be selected, provided they are Kuwaitis, and their appointment shall be issued by decree." The Court issues its rulings by a majority vote of those present. The ruling must include detailed reasons for its ruling, along with the minority opinion or opinions and the grounds on which they are based. The rulings and their attachments are published in the Official Gazette within two weeks of their issuance.

Military Courts: Pursuant to Article 164 of the Kuwaiti Constitution, "the jurisdiction of military courts, except in cases of martial law, is limited to military crimes committed by members of the armed forces and security forces, within the limits determined by law."

3 Pre-litigation

3.1 What formalities apply before litigation can be commenced in your jurisdiction?

Generally, no formalities are required in most cases. Key formality required by the KCCL, is the requirement to serve a formal legal notice (Inzar) through the execution department of the court. Nonetheless, in some cases, certain formal steps may be required before filing a lawsuit, such as in labor cases, a grievance must first be submitted to the Public Authority for Manpower("PAM"), where the complaint is examined and both parties are given the opportunity to be heard before the dispute is referred to the labor circuit court. Similarly, in some other specialized areas governed by certain special authorities and regulatory regimes e.g cybercrime law, or Kuwaiti competition law, the pertinent laws provide for grievance filing procedures before the specified departments at those authorities before judicial review can be sought.

In commercial matters, pre-litigation correspondence or formal notices are generally not required unless specified by contract but are often advisable. It is therefore crucial to assess each matter on a case-by-case basis to determine whether any specific formalities are required.

3.2 Do any pre-action protocols or similar rules apply prior to the commencement of litigation? What are the consequences of non-compliance?

KCCL does not provide for any specific or explicit pre-action protocols or similar rules that may apply prior to the commencement of litigation in Kuwait.

3.3 What other factors should a party consider before commencing litigation in your jurisdiction?

Before commencing litigation in Kuwait, significant factors that a party should seriously consider may include: the potential costs; and review of documentary evidence on which the party is relying to prove its case in the court in order to assess the strength of the merits of case.

Also, it is advisable to have a thorough assessment of the validity and strength of the legal basis of any potential claim, including an opinion on any limitation period that could affect the claim by making it time-barred, and the likelihood of successful enforcement in case of a favorable judgment.

Moreover, in commercial cases, a party should also take into consideration the potential impact that litigation may have on ongoing or future business relationships with the opposing party.

Even though Kuwaiti law doesn't impose any strict rules for pre-action conduct, a well drafted legal notice prepared by a professional outlining the basis for the claim and desired relief could also be a factor that a party may consider before filing a claim.

4 Commencing litigation

4.1 What rules on limitations periods apply in your jurisdiction?

A. Civil Claims

Kuwait's Civil Code (Law No. 67 of 1980) ("Kuwait's Civil Code ") provides for different limitation periods, which vary by nature of claim.

(a) Limitation periods for rent of buildings, agricultural lands, salaries, wages and pensions

Pursuant to Article 439 of Kuwait civil Code: "in the absence of a provision to the contrary, and upon denial, a court action relative to a recurring periodical right, such as the rent of buildings, agricultural lands, salaries, wages and pensions, is barred after five years."

(b) Limitation periods for revenue due by a holder in bad faith or revenue due by the Nazir of a Waqf to the entitled person

Pursuant to Article 439 of Kuwait civil Code: "in case the right is revenue due by a holder in bad faith or revenue due by the Nazir of a Waqf to the entitled person, the period of limitation barring the case is, upon denial, fifteen years."

(c) Limitation periods for a right due to physicians, pharmacists, lawyers, engineers, experts, receivers in bankruptcy, brokers, teachers and other members of the liberal profession

Pursuant to Article 440 of Kuwait civil Code: "Upon denial, the period of limitation barring a court action is five years for a right due to physicians, pharmacists, lawyers, engineers, experts, receivers in bankruptcy, brokers, teachers and other members of the liberal profession, provided that these rights are due as remuneration for work executed falling within the scope of their profession or in payment of expenses incurred by them." Nonetheless, if a written instrument is established for one of these rights, then pursuant to Article 442 of Kuwait civil Code, it is only prescribed after the lapse of fifteen years.

(d) Limitation periods for taxes and dues owed to the State

Pursuant to Article 441 of Kuwait civil Code: "Upon denial, the period of limitation barring a court action is five years for taxes and dues owed to the State, commencing, regarding annual taxes and dues, as of the end of the year for which they were due and, regarding fees on judicial papers, as of the date of termination of the pleadings in respect to which these papers were prepared, or from the date of drawing up these documents, if there were no pleadings. The same rule applies in case of claiming restitution of taxes and fees unduly paid. The period of limitation runs as of the day of notification of the taxpayer of the final settlement concerning these taxes and fees. The preceding provisions apply without prejudice to provisions contained in special laws."

(e) Limitation periods for rights of merchants and manufacturers

Pursuant to Article 442 of Kuwait civil Code: "Upon denial, the right of action is prescribed after one year, if it concerns one of the following rights:

• Rights of merchants and manufacturers with respect to things supplied to persons who do not trade in these things, as well as the rights of hotel and restaurant owners with respect to the cost of accommodation and food and for all expenses incurred on behalf of their clients.
• Rights of home servants and those of similar condition.

Whoever claims prescription provided in the preceding paragraph must take an oath that he has actually paid the debt, or if he is a heir of the decedent or a legal representative to him or to his heirs, he shall pledge that he is not aware of the existence of this debt or that he knows that it was paid. The court on its own accord will pass the oath."

Nonetheless, if a written instrument is established for one of these rights, then pursuant to Article 442 of Kuwait civil Code, it is only prescribed after the lapse of fifteen years.

B. Commercial claims

For Commercial claims, Kuwait's Commercial Law (Law No. 68 of 1980) ("Kuwait's Commercial Law") provides for different limitation periods, varying in length according to the nature of claim.

(a) Limitation periods for obligations of traders relating to their commercial transactions

Pursuant to Article 118 of Kuwaiti Commercial Law, "In the commercial matters, the obligations of traders relating to their commercial transactions towards each other shall be barred by the lapse of ten years from the date of maturity of the obligation unless the law provides for a lesser period. Moreover, the final judgments issued on the disputes arising from the obligations stated in the preceding paragraph, shall be barred by the lapse of ten years."

(b) Limitation periods for right to demand compensation for termination of agency

Pursuant to Article 282 of Kuwaiti Commercial Law, the actio damni injuria "shall be barred after by the lapse of ninety days from the date of expiry of contract. All other actions arising from the contract agency agreement shall be barred by the lapse of three years after the end of the contractual relationship."

(c) Limitation periods for purchaser's right to request rescission or reduction of the price

Pursuant to Article 132 of Kuwaiti Commercial Law, "the purchaser's right to request rescission or reduction of the price, and the vendor's right to request the completion of the price, shall be barred by the lapse of one year from the actual delivery date."

(d) Limitation periods for actions of recourse of the check holder

Pursuant to Article 550 of Kuwaiti Commercial Law, "the actions of recourse of the check holder against the drawee, the drawer, the endorser and other obligators by the lapse of six months after the expiry of the date of submission of the check."

(e) Limitation periods for lawsuit arising from the contract of carriage of items

Pursuant to Article 162 of Kuwaiti Commercial Law, "every lawsuit arising from the contract of carriage of items, contract of carriage of persons and commission agency contract of carriage shall be barred by prescription after the lapse of one year. Said prescription shall apply to matters related to the lawsuit on the liability for the total destruction of the items from the day on which delivery is due, and for the delay, spoilage or partial destruction of goods from the day of delivery or from the day when the goods were set at the disposal of the consignee."

(f) Limitation periods for action that arises from bill of exchanges

Pursuant to Article 502 of Kuwaiti Commercial Law,

"1- Every action that arises from the bill of exchange shall barred by prescription after the lapse of three years from the date of maturity.

2- The action of the holder against the endorsers or the drawer shall be barred by prescription after the lapse of one year of the date of protest made in the legal time or from the date of maturity if the bill of exchange included a condition of exemption from making the protest.

3- The actions of the endorsers against each other or against the drawer shall be barred by prescription after the lapse of six months from the day on which the endorser paid the bill of exchange, or from the day on which the action was filed there against."

C. Kuwaiti Labor Law

Kuwaiti Labor Law (Law 6 of 2010) provides for limitation periods for labor claims. Article 144 of Kuwaiti Labor Law (Law 6 of 2010) provides that "the lawsuits filed by the workers one year after the end of the employment contract pursuant to the provisions of this Law shall not be heard."

D. Tort claims (including personal injury)

Pursuant to Article 253 of Kuwaiti civil code, "an action for damages arising from an unlawful act is prescribed after three years from the date upon which the injured knew of the injury and of the person responsible for it; or fifteen years from the date on which the unlawful act was perpetrated, whichever expires first." Nevertheless, "when the claim for liability due to an unlawful act arises out of a penal offence, it is not subject to prescription as long as the penal action is still pending, even if the delays set out in the preceding paragraph have elapsed."

It's important to note that failure to file within the limitation period can lead to an automatic dismissal of the case on procedural grounds.

4.2 What rules on jurisdiction and how this is determined apply in your jurisdiction?

Kuwaiti Civil and Commercial Procedure Law (Law No. 38 of 1980) ("KCCL") provides for the rules governing determination of jurisdiction.

Article 23-28 of KCCL set out rules providing for international jurisdiction of Kuwaiti Courts. Article 23 of KCCL provides: "The Kuwaiti courts shall have the jurisdiction to hear the lawsuits filed against Kuwaiti nationals and lawsuits filed against non-Kuwaitis domiciled or residing in Kuwait, but all except real estate lawsuits related to immovable properties located abroad."

Article 24 of KCCL provides: "The Kuwaiti courts shall have the jurisdiction to hear the lawsuits filed against a non-Kuwaiti domiciled or residing in Kuwait, in the following circumstances:

1. If he has a chosen domicile in Kuwait.
2. If the lawsuit is related to immovable or movable properties found in Kuwait, to an obligation arising or fulfilled or to be fulfilled therein, or to bankruptcy declared therein.
3. If the lawsuit is against a marriage contract to be concluded before a Kuwaiti notary.
4. If the lawsuit is related to marriage dissolution, divorce or separation and is filed by the wife who lost the Kuwaiti nationality by marriage against her husband and both are domiciled in Kuwait if the husband has abandoned his wife and has become domiciled abroad after the occurrence of the reason for the dissolution, divorce or separation, or has been deported from Kuwait.
5. If the lawsuit is related to the request for support of the mother or the wife if they are domiciled in Kuwait or of a minor residing therein.
6. If the lawsuit is related to a minor who resides in Kuwait or whose custody over him has been stripped, restricted, ceased or recovered.
7. If the lawsuit is related to a personal status matter and the defendant is a Kuwaiti national or a non-Kuwaiti domiciled in Kuwait, in case the defendant does not have a known domicile abroad, or if the Kuwaiti law is applicable to the lawsuit.
8. If the lawsuit is related to a matter of guardianship over assets if the minor or the person to be placed under attachment is domiciled or resides in Kuwait, or if the absentee had his last domicile or residence therein.
9. If either litigant is of a Kuwaiti national or a non-Kuwaiti domiciled, residing or having a chosen domicile in Kuwait.

Article 25 of KCCL provides: "The Kuwaiti courts shall have competence to adjudicate matters of inheritance and lawsuits related to estate in the following cases:

1. If the legacy was opened in Kuwait.
2. If the testator is a Kuwaiti national.
3. If all or part of the hereditaments are found in Kuwait, if all or part of the heirs have Kuwaiti nationalities and if the court at the place of opening the legacy does not have jurisdiction pursuant to the law thereof".

Article 26 of KCCL provides: "The Kuwaiti courts shall have jurisdiction over the lawsuit, even if it does not fall within their jurisdiction in compliance with the preceding articles, if the litigant expressly or implicitly accepts their jurisdiction."

Article 27 of KCCL provides: "If a lawsuit is filed before the Kuwaiti courts and falls within their jurisdiction, the courts shall also have jurisdiction over primary matters and incidental requests to the original lawsuit as well as any request related to this lawsuit and whose examination therewith is required by the course of justice.

The Kuwaiti courts shall also have the jurisdiction to order temporary and precautionary measures to be taken in Kuwait, even though they do not have the jurisdiction over the original lawsuit.

They shall also have jurisdiction to order coercive execution measures to be taken in Kuwait and decide on disputes related thereto."

Article 29 -36 of KCCL set out rules in relation to subject matter jurisdiction of Kuwaiti Courts. We have discussed these articles in response to 2.1 above.

In contractual disputes, parties may agree in writing to submit their disputes to a specific court or choose resolution through binding arbitration rather than litigation. Pursuant to Article 173 of KCCL, "Arbitration may be agreed on in a particular dispute and may only be established in writing ... The courts shall not have the jurisdiction to hear the disputes which were agreed to be arbitrated, and the plea for non- jurisdiction may be relinquished either expressly or implicitly."

4.3 Are class actions permitted in your jurisdiction?

No.

4.4 What are the formal requirements for commencing litigation?

First step in commencing Litigation is filing of a statement of claim (which must be in Arabic language) before the competent court. The statement of claim must include details of the parties, which in case of individuals comprise their address details and civil ID information, and in case of corporate entities commercial license details; facts of the case, the legal basis for the claim, and the remedy sought along with any supporting documents.

Payment of court fees also may be required depending on the value of the claim and/or according to the nature of the relief sought. Once filed, a hearing date is given, and the file is sent to the execution department that assigns a court bailiff to formally notify the defendant with a copy of the statement of claim.

4.5 What are the procedural and substantive requirements for commencing litigation?

Generally, there are no procedural requirements in most cases other than the service of the process. With regards to substantive requirements for commencing litigation, these requirements include: a valid cause of action; legal capacity of the plaintiff to sue; standing of the suing entity; competency of the court (i.e. jurisdiction); and compliance with any limitation periods provided by the law, if any.

In case of employment related disputes, mandatory pre-litigation step of filing at the Public Authority of Manpower may also be required.

4.6 Are interim remedies available in your jurisdiction? If so, how are they obtained?

Pursuant to Article 27 of KCCL if a lawsuit is filed before the Kuwaiti courts and falls within their jurisdiction, the courts have jurisdiction over primary matters and incidental requests to the original lawsuit as well as any request related to this lawsuit and whose examination therewith is required by the course of justice. The Kuwaiti courts also have the jurisdiction to order temporary and precautionary measures to be taken in Kuwait, even if they do not have the jurisdiction over the original lawsuit. The Kuwaiti courts also have jurisdiction to order coercive execution measures to be taken in Kuwait and decide on disputes related thereto.

4.7 Under what circumstances must security for costs be provided?

There is no explicit article of law that expressly provides for the conditions or circumstances in which a court must order security for costs. Nonetheless, a litigating party may request the court to award order security for costs pursuant to the Articles of KCCL that confer power on courts to grant preventive and precautionary measures. However, it is very rare, in practice for Kuwaiti Courts to order security for costs.

Even though KCCL grants discretionary powers to courts award costs, the costs awarded by the courts are usually nominal regardless of actual costs incurred by the litigating parties.

5 Disclosure

5.1 What rules apply to disclosure in your jurisdiction? Do any exceptions apply to certain types of documents?

In litigation context, Kuwait Evidence Law does not provide for any specific rules on disclosure. Nevertheless, pursuant to Articles 22-25 of the Kuwaiti Evidence Law, a litigating party may apply to the court for compelling the other litigant to submit the documents in his possession and the court may order the other litigant to produce those documents.

5.2 What rules on third-party disclosure apply in your jurisdiction?

Kuwait Evidence Law does not provide for any specific rules on third-party disclosure as well. Nevertheless, pursuant to Articles 22-25 of the Kuwaiti Evidence Law, upon request of a litigating party, the court may allow the admission of a third party and order him to produce an exhibit or a paper in his possession.

5.3 What rules on privilege apply in your jurisdiction? Does attorney-client privilege extend to in-house counsel?

Kuwaiti Law does not provide for any express rules concerning attorney-client privilege or its extension to in-house counsel. Nevertheless, pursuant to Article 11 of the Kuwait Law No. 42/1964 on regulating the Legal Profession Before the Courts ("Kuwaiti Advocacy Law"), a lawyer is bound to proclaim an oath before practicing legal profession for which, among other things, he/she also swears to keep the professional secrets and respect all legislations and customs thereof. Therefore, since he is bound to observe confidentiality by virtue of the Kuwaiti Advocacy Law, it can be said that Attorney-client exchanges do enjoy similar protection of privileged communication.

5.4 How have technological advances affected the disclosure process in your jurisdiction?

Upon request of a litigating party, the court would decide whether to compel the other litigating party to make available the digital data or such technological device containing data for examination by the court or its appointed expert.

5.5 What specific considerations should be borne in mind during the disclosure process, for both plaintiff and defendant?

Firstly, any court ordered disclosure requires that the documents must be translated in Arabic language by an authorized translator before submitting to the court.

Secondly, pursuant to Article 22 of Evidence Law, in the following situations, one party to litigation may ask that the other litigating party be compelled to submit any effective document in the lawsuit within his possession:

• If his claim for submitting or handing over of the documents is admissible by law.
• If it is a joint paper between him and his litigant. A paper is considered to be a joint paper in particular if it serves the interest of both disputing parties, or if it confirms their mutual obligations and rights.
• If the litigant considers the paper essential for him at any time in the course of the court proceeding.

The application shall clarify the description of the document; its contents in details, the occurrence associated therewith, the evidence and circumstances which indicate that it is in possession of the litigant, and the reason for compelling the said party to submit it.

Thirdly, if the other litigant denies possessing the exhibit or paper, pursuant to Article 23 of Evidence Law, he will have to make an oath that said exhibit or paper has no existence, that he has no knowledge of its whereabouts, and that he is not hiding it nor has he neglected to search for it in order to prevent his opponent from using it as evidence.

Fourthly, if the litigant, who is ordered by the court to disclose or produce a certain document or evidence, fails to submit that evidence at the time determined by the court or if he abstains from making the aforesaid oath, a photocopy of the exhibit or the paper submitted by the applicant shall be considered as a true copy. Even if he has failed to provide a photocopy of the document, his statement related to the form and subject of the document may be accepted.

Fifthly, if the litigant produces an exhibit or a paper as evidence in the lawsuit, pursuant to Article 25 of Evidence Law, he may not withdraw the same without the consent of his opponent except with a written permission from the head of the circuit or the judge after his possession of a photocopy thereof which shall be maintained in the legal case file and shall be marked by the court registrar as being a true copy of the original.

6 Evidence

6.1 What types of evidence are permissible in your jurisdiction?

With regards to written evidence, Kuwaiti evidence Law provides for evidentiary rules governing official papers and conventional papers.

Official papers are documents in which a public official or person entrusted with a public duty registers all acts performed by him or articles given to him by concerned parties according to the legal requirements and within the limits of his authority and jurisdiction. Whereas, the conventional paper is considered to have been issued by the party who signed it unless he expressly denies the script or the signature or the stamp or the thumb print attributed to him. Conventional papers, in order to be enforceable against third parties, must be dated. Letters duly signed also have the evidential value of a conventional paper.

The ledgers of traders are not considered evidence against non-traders. However, the entries evidenced in their ledgers are considered valid as a basis for the judge to demand that either party make a supplementary oath, even in matters that may not be proven by witnesses.

Domestic papers and ledgers are not considered evidence against the party that has issued them except in the following two situations:

First: If the party explicitly mentions therein that its claim has been satisfied;

Second: If the party explicitly mentions that the recorded entry will serve as a deed in favour of whom it has been entered.

In both situations, if the entry is not signed by the party by whom it has been issued, the latter may prove the contrary by all means of proof.

Marking the debt bond by the creditor in his handwriting and without signature, establishing the quittance of the debtor is also considered evidence against him until proof to the contrary has been made.

The court may order the dismissal and revocation of any paper if it becomes clear from the condition of the paper or from the circumstances of the case that it has been forged, even if no claim of forgery has been made before the court.

With respect to non-commercial matters, the testimony of witnesses in proof of existence or occurrence of the said transaction is permissible and held valid, if the value of a transaction is lesser than Five Thousand Kuwaiti unless otherwise stipulated in an agreement or a provision. If the action includes several claims arising from various sources, the testimony of witnesses may be given in proof of each claim with a value not exceeding KD Five Thousand even if the total value of such claims exceeds that amount and even if the origin thereof arises from relationships between the parties themselves or from transactions of the same nature. Nonetheless, the litigant who demands proof through the testimony of a witness shall clearly state the facts he wants to be proven either in writing or verbally in the court hearing.

If the court permits any of the parties to prove an incident through the testimony of witnesses, the other party shall have the right to refute it in the same manner.

The court may decide - of its own motion - to base its judgment on the testimony of witnesses in situations where the law allows proof in such a manner, whenever it considers such a matter to be useful to the truth.

In all events and whenever the decision of the court is based upon the testimony of witnesses, the court may summon anyone whose testimony is necessary to be heard and essential for revealing the truth.

Oral evidence of a family relative or an affinity to one of the litigants is also permitted- unless if he is an incompetent witness due to old or young age, illness or any other reason.

Pursuant to Article 43 of Kuwaiti Evidence Law, "Lawyers, doctors, agents or others, who, in the course of their profession or capacity, acquired the knowledge of an incident or information, shall not disclose the same even after the termination of their service or capacity, unless the mentioning of such information to them has only been intended to commit a felony or a misdemeanour. However, the above-mentioned persons shall take an oath regarding such an incident or information if so requested by their families and without prejudice to the provisions of the specific laws."

Similarly, evidence by a spouse against the other is not permitted, without consent of the other spouse, concerning the information shared during their marital relationship and even after divorce, except if a lawsuit is filed by one against the other and as to what is required by the defence or the filing of a lawsuit against the other, because of a felony or misdemeanour committed by him/her against the other.

6.2 What rules apply to expert evidence in your jurisdiction? What specific considerations should be borne in mind when preparing and presenting expert evidence?

Kuwait Decree-Law No. 40/1980 ("Expert Law") regulates appointment and use of experts in litigation. Pursuant to Article 1 of the Kuwaiti Expert Law, expert work is conducted before the courts and the Public Prosecution by experts registered at the Experts Department and the Expert Register and whoever the courts or the Public Prosecution deems necessary to resort to their technical opinion, whether employees or others. If the court or the Public Prosecution decides to assign an expert to carry out expert work, who is not registered at the Experts Department or at the Expert Register, it shall indicate the grounds of its decision in the judgment or the decision.

Pursuant to Article 4 of the Kuwaiti Expert Law, if the litigants agree on an expert, the court ratifies thereby; otherwise, the court selects an expert from among the experts registered at the Expert Register before it while taking into account the role to be played unless otherwise required by special circumstances to be clarified by the court in its judgment. If an expert from the Experts Department or an employee is assigned, the administrative authority upon being notified of the placement of the deposit, appoints the expert entrusted with the mission. If the expert does not belong to the Experts Department and is not registered at the Expert Register, he has to, prior to undertaking his mission, take an oath before the court or before the ad hoc judge promising to carry out his work with trust and confidence.

Pursuant to Article 11 of the Kuwaiti Expert Law, the expert must hear the litigants' statements and observations and must hear - without oath - the statements of whoever he deems should be heard. Nonetheless, pursuant to Article 12 of the Kuwaiti Expert Law the expert is not allowed to appear as the agent of any of the litigants in the legal cases where he has undertaken the work of the expertise pursuant to his assignment by the court.

Pursuant to Article 13 of the Kuwaiti Expert Law, the expert prepares minutes in relation to the work he has carried out including the litigants' presence, statements and observations signed by them unless they have any objections thereto which shall also be mentioned in the report. It must also detail the work carried out by the expert as well as the statements of the persons he has heard of his own accord or at the request of the litigants along with their signatures.

The expert shall also prepare an accurate summary report signed by him on the outcomes of his works, his opinion, and the grounds on which he relied. This report is usually referred to as "expert report" and it and in the event of several experts, each one of them may submit a separate report on his opinion, unless they agree to raise a single report mentioning the substantiated opinion of each of them.

The court may appoint an expert to give his opinion orally during the hearing without submitting a report, in which case his opinion is established in the minutes. In all circumstances, the expert's opinion is not binding on the court, which only draws upon it.

Pursuant to Article 16 of the Kuwaiti Expert Law, the court may order to summon the expert to appear at a hearing it sets for discussing his report if it deems this necessary. It may reassign him to rectify the errors or insufficiencies in his work or research which it points out to him, or may assign this task to one or more experts who may make use of the information collected by their predecessor.

An expert could be recused in any of the below situations:

1. If he is the spouse, relative, or in-law up to the fourth degree of one of the litigants, or if either he or his spouse has an existing litigation with one of the litigants or his spouse unless this litigation arose by the litigant or his spouse after the assignment for the purpose of his recusal.
2. If he is the agent of one of the litigants in his private work, his trustee, his guardian or his presumptive heir or if he is the spouse of the trustee or guardian of one of the litigants by a member of the Board of Directors or a director of the litigating company and the said member or director has a personal interest in the legal case.
3. If he, his spouse, a relative, an in-law in the ancestral line or any person of whom he is the agent, custodian, trustee or guardian has an interest in the existing legal case.
4. If he used to work for any of the litigants or has habitually dined or lived with him, or if he has received a gift from him.
5. If enmity or friendship exists between him and one of the litigants to such an extent that it will likely be impossible for him to carry out his mission objectively.

6.3 What other factors should be borne in mind when preparing and presenting evidence in your jurisdiction?

Arabic translations of any evidence should be prepared and ready for submission along with the evidence.

7 Court proceedings

7.1 What case management powers do the courts have in your jurisdiction?

Kuwaiti courts manage cases through their clerk departments, where initially statement of claim for a new case is filed. Pursuant to Article 45 of KCCL, a case is filed before the court at the request of the plaintiff in a statement of claim filed at the clerk's office of the court.

Pursuant to Article 47 of KCCL, the court clerk's office records the date of filing the statement of claim in a special register and sets the date of the first hearing. The original and the copies of the statement are delivered to the process server for serving them and returning the original copy to the clerk's office.

Pursuant to Article 75 of KCCL, one of the court clerks attends all hearings and all the establishment procedures along with the judge, and he also draws up the minutes thereof and sign them together with the judge or else they are deemed null.

Pursuant to Article 78 of KCCL, a plea for lack of competence of the court due to lack of jurisdiction thereof or due to the type or the value of the case may be submitted in whatever form the case may be, and the court adjudicates thereon of its own accord. If the court rules lack of competence due to the type or value of the case, it orders the remittal of the case in whatever form it may be to the competent court. In such a case, it sets for the litigants the date of the hearing where they would appear before the court to which the case is remitted. The pronouncement of the judgment is deemed as good as the notification of the set hearing to the litigants. The court to which the case is remitted undertakes examination thereof.

Furthermore, appeals are registered at the court clerk's office. Pursuant to Article 137 of KCCL, an appeal is lodged by a memorandum deposited at the clerk's office of the court before which the appeal has to be lodged pursuant to the procedures prescribed for filing the case.

The primary case management functions are performed by the clerical departments of the courts assigning them to appropriate sections, including file creation, assigning case numbers, routing of case files to the appropriate secretaries or departments for notification, assignment to experts, execution of judgments and decrees.

7.2 Are court proceedings in your jurisdiction public or private? If the former, are any options available to the parties to keep the proceedings or related information confidential?

Pursuant to Article 64 of KCCL, pleadings take place in open court unless the court closes the hearing on its own accord or at the request of one of the litigants to maintain public order or to observe morality or the privacy of the family.

7.3 How is the applicable law determined? What happens in the event of a conflict of laws?

Where parties have agreed on a foreign law to apply to their dispute, pursuant to Article 74 of KCCL, when applying a foreign law, the court may order the litigants to submit the texts to which they have based their arguments along with an official translation from the Ministry of Justice or a translation from the authority appointed by the court. If one of the litigants submits documents in a foreign language, the documents shall be accompanied by an official translation, or an informal translation accepted by his adversary or a translation by the authority appointed by the court. In all events, the court may order the litigants to submit an official translation.

With regards to execution of foreign judgments, orders and writs, pursuant to Article 199 of KCCL, the judgments and orders rendered in a foreign country may be executed in Kuwait under the conditions prescribed in this country for enforcing the judgments and orders rendered in Kuwait. These conditions exclude the judgments and orders rendered in favour of a Kuwaiti physical person or legal entity to be executed on assets owned by a Kuwaiti physical person or legal entity.

The execution order may be requested before the Court of First Instance pursuant to the ordinary procedures for filing the case. Execution may only be ordered after verification of the following:

1. That the judgment or order is rendered by a competent court in compliance with the law of the country of its rendering.
2. That the litigants in the court case where the foreign judgment is rendered were summoned to appear, and that they properly appeared.
3. That the judgment or order acquired force res judicata in compliance with the law of the court rendering it.
4. That it does not contradict a judgment or order previously rendered by the court of Kuwait and that its content does not breach morality or public order in Kuwait.

7.4 What rules apply to the joinder of third parties?

KCCL provides for rules applicable to the joinder of third parties. Pursuant to Article 86 of KCCL, a litigant may request for joinder in the case of whoever would rightfully have been a litigant when the case was filed, and may request the joinder of a surety whenever there is a reason for a bail, pursuant to the ordinary procedures for filing a case prior to the date of the hearing subject to the time limits for appearance. The joinder may also take place at the hearing if the party to be joined appears thereat and accepts the said procedure before the court.

Pursuant to Article 87 of KCCL, any person having an interest may intervene in the case by joining a litigant or requesting judgment for himself on a request related to the case. This takes place pursuant to the ordinary procedures for filing the case prior to the date of the hearing or by a request made orally on the record at the hearing in the presence of the litigants.

Pursuant to Article 88 of KCCL, the court may, even of its own accord, order the joinder of whoever it feels should be joined to serve the interest of justice or to unveil the truth. The court then sets a hearing for announcement thereof, and appoints the litigant to carry out the joinder and announce the hearing to the joining party pursuant to the ordinary procedures for filing the case subject to the time limits for appearance.

The court may also order the clerk's office to provide a detailed summary of the requests filed by the litigants in the case to any person whose notification thereof serves the interest of justice or contributes to unveiling the truth.

7.5 How do the court proceedings unfold in your jurisdiction? What specific considerations should be borne in mind at each stage of the process, for both plaintiff and defendant?

Court proceedings commence with filing of statement of claim, service of notice to the defendants and then regular proceedings as set out in detail above. With regards to specific considerations for each stage of litigation, as each case differs, it requires specific evaluation and strategy formulation, therefore, considerations also differ on case-to-case basis.

7.6 What is the typical timeframe for the court proceedings?

It depends on ease of service of notice and the complexity of the case. A case with straight forward claims maybe concluded in two to three years, whereas, a case with complex claims may take several years to obtain a final judgment.

8 Judgment and remedies

8.1 What types of judgments, orders and other remedies are available in your jurisdiction?

First instance court judgment become final and binding upon lapse of 30 days from the date such judgment is rendered unless an appeal is filed before the court of appeals, in which case the prevailing party would not be able to apply for enforcement of the judgment.

Appeals court judgment becomes final and binding upon lapse of 60 days from the date such judgment is rendered unless an appeal is filed before the court of cassation. Nonetheless, all final judgments issued by the Court of Appeal are enforceable, and the prevailing party may apply for immediate execution. Nevertheless, upon request of the either party, Court of Cassation may order stay of the execution, if it deems appropriate, particularly, if there is concern about the occurrence of gross damage as a result of the execution and the grounds for the appeal against the judgment are likely to entail nullification thereof. In this case, the order to stay execution becomes applicable to the execution procedures carried out by the prevailing party based on the challenged judgment from the date of requesting stay of execution.

Courts of Summary or the chief judge of the Court of First Instance (as the case may be) also may issue 'payment orders' if the creditor's right is established in writing and is due and payable and all the claimed debt is quantifiable money or movable assets specific in kind or quantity or specific per se in a thorough manner. These orders are also issued if the rightful party is a creditor with a commercial paper and his recourse is limited against the drawee, the marker, the accepter or the referee in case of need.

Pursuant to Article 191 of KCCL, the Court may, in summary matters or in the event where the delay proves detrimental, order - at the request of the concerned party- the execution of the judgment by virtue of its draft without an announcement thereof and without a wording of execution, in this case the clerk shall hand the draft to the execution officer who shall return it upon completion of the execution.

Kuwait civil code provides for both specific performance and compensation in lieu of performance remedies subject to discretion of the courts.

9 Appeals

9.1 On what grounds may a judgment be appealed in your jurisdiction?

With regards to judgments rendered by a Court of First Instance, pursuant to article 138 of KCCL, the litigants may - other than in the exceptions prescribed by the law- appeal against judgments rendered by Courts of First Instance in their original jurisdiction nonetheless, final judgments rendered by Courts of First Instance may be appealed if they contradict a preceding judgment that did not acquire force of res judicata, in which case the preceding judgment shall be deemed appealed against by force of law unless it has become final at the time of lodging the appeal. Appeals may also be lodged against the final judgments rendered by Courts of First Instance due to nullity in the judgment or nullity in the procedures having a bearing on the judgment.

The law stipulates that the powers of the Court of Appeal are not merely limited to the review of appealed judgments for erroneous application of law but these powers include, if required, full review of all the evidence and arguments presented by the parties and first instance court's reasoning and basis of the appealed judgment. These broader powers of review given to the court of appeals enable it to render a reasoned judgment addressing both the factual and legal elements of the dispute. The court of appeal has full authority to examine entire subject matter of the case, whether related to the facts or the application of the law, even beyond what the first-instance court had examined or applied in its deliberations. (Appeal No. 3464 of 84 Q, Session 18/1/2021)

Court of Appeal has full authority to re-examine the dispute, re-examine the documents and other evidence submitted by the appellant, and rectify the errors contained in the first-instance judgment. An error in application of law, flawed reasoning or lack of reasoning, ruling on matters not requested by the parties are all grounds that lead to invalidation of the appealed judgment.

With regards to appeals in Cassation on judgments rendered by a Court of Appeals, pursuant to article 152 of KCCL, "the litigants may appeal in cassation against judgments rendered by the Court of Appeal in the following circumstances:

1. If the contested judgment is based on a violation of the Law or an error in the application or interpretation thereof.
2. If a nullification occurs in the judgment or in the procedures which affects the judgment.

The litigants may also appeal in cassation against any final judgment, irrespective of the court rendering it, ruling on a dispute in contradiction with another judgment previously rendered between the litigants themselves and having acquired force of res judicata.

9.2 What is the appeals process? Is the judgment stayed while the appeal is pending?

With regards to judgments rendered by First Instance Court, either party may file an appeal before the Court of Appeal within 30 days from the date on which such judgment is rendered. All final judgments issued by the First Instance Court only become enforceable after lapse of 30 days, if neither party has filed an appeal, in which case, the prevailing party may apply for immediate execution. Upon filing of appeal before the Court of Appeal, execution is automatically stayed pending appeal. However, in some cases, the First Instance Court may explicitly provide in its judgment for either party to proceed with enforcement. In such case, the other party has the right to request Court of Appeals to order stay of judgment and Court of Appeals has the discretion to grant such a stay.

With regards to judgments rendered by the Court of Appeal, either party may file an appeal before the Court of Cassation within 60 days from the date on which such judgment is rendered.

All final judgments issued by the Court of Appeal are enforceable, and the prevailing party may apply for immediate execution. Nevertheless, Court of Cassation may order stay of the execution, if it deems appropriate upon request of the other party, particularly, if there is concern about the occurrence of gross damage as a result of the execution and the grounds for the appeal against the judgment are likely to entail nullification thereof. In this case, the order to stay execution becomes applicable to the execution procedures carried out by the prevailing party and any relevant execution processes are suspended and stayed.

9.3 What specific considerations should be borne in mind during the appeals process, for both plaintiff and defendant?

Firstly, any appeal must be filed within the time period provided by the KCCL.

Secondly, memorandum of appeal must clearly set out the grounds appeal and demonstrate with evidence that those grounds are in full accordance with the grounds provided by KCCL.

10 Enforcement

10.1 How are domestic judgments enforced in your jurisdiction?

Pursuant to Article 189 of KCCL, execution of a judgment starts with filing of request for execution at the Execution Department of the Ministry of Justice. Execution procedures commence with proper service of notice by any of the execution officers and/or process servers of the Execution Department.

Articles 216 to 242 of KCCL provide for rules governing execution related to attachment, sequestration and garnishment of assets of the judgment debtor.

10.2 How are foreign judgments enforced in your jurisdiction?

Execution of Foreign Judgments, Orders and Writs - Pursuant to Article 199 of KCCL, the judgments and orders rendered in a foreign country may be executed in Kuwait under the conditions prescribed in this country for enforcing the judgments and orders rendered in Kuwait. These conditions exclude the judgments and orders rendered in favour of a Kuwaiti physical person or legal entity to be executed on assets owned by a Kuwaiti physical person or legal entity.

The execution order is requested before the Court of First Instance pursuant to the ordinary procedures for filing the case. Execution may only be ordered after verification of the following:

1. That the judgment or order is rendered by a competent court in compliance with the law of the country of its rendering.
2. That the litigants in the court case where the foreign judgment is rendered were summoned to appear, and that they properly appeared.
3. That the judgment or order acquired force res judicata in compliance with the law of the court rendering it.
4. That it does not contradict a judgment or order previously rendered by the court of Kuwait and that its content does not breach morality or public order in Kuwait.

10.3 What specific considerations should be borne in mind during the enforcement process, for both plaintiff and defendant?

This advice would also be case specific, which may differ from case to case.

11 Costs, fees and funding

11.1 What costs and fees are incurred when litigating in your jurisdiction?

Costs and fees are incurred in relation to litigating in Kuwait usually include: lawyers fee, usually subject to fee agreement between the lawyer and the client; court fees subject to claim amount; or expert fee determined by the court.

11.2 Are contingency fees and similar arrangements permitted in your jurisdiction?

Contingency fees is not explicitly permitted, however, parties may agree on certain arrangements that could lead to an agreement on similar fee as it would have been in form of contingency fee.

11.3 Is third-party funding permitted in your jurisdiction?

Third-party funding for litigation is an area which is not governed by any specific law nor regulated in any way. Such transactions need to be carefully structured and memorialized in form of proper contracts to ensure protection of the funder's rights and enforceability of such agreement at later stage for recovery of the funded amounts.

11.4 What other strategies should parties consider to mitigate the costs of litigation?

Depending on the nature of the case, a client may engage a lawyer on hourly basis or agree on a lump sum amount for the entire case or different amounts for different stages of the case.

12 Trends and predictions

12.1 How would you describe the current litigation landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

Over the past few years—and particularly throughout 2025—the judiciary has made tangible progress in embracing digital transformation, improving procedural efficiency, and reinforcing the integrity of the litigation process.

There are certain reforms under consideration, particularly, reforms in relation to the computation of court fees and expert fees for various proceedings and claims. The primary purpose of this measure is to curb frivolous and malicious lawsuits and to discourage the misuse of the right to litigate.

At the same time, Kuwait's courts are steadily moving toward greater specialization—with enhanced commercial and investment divisions—as well as an expanded adoption of electronic filing systems and remote hearings. This digital transformation is designed to reduce administrative delays, increase accessibility, and strengthen transparency across the judiciary.

There is also a growing emphasis on alternative dispute resolution mechanisms, particularly arbitration and mediation, as the government continues to encourage faster and more efficient ways to settle disputes outside traditional courtrooms.

Looking ahead over the next 12 months, additional legislative and structural reforms are expected. These may include:

New regulations governing legal practice and professional conduct, aimed at elevating standards within the legal community.

Further digitization of court processes, potentially making all case filings, notifications, and judgments fully electronic.

Continued expansion of judicial specialization, especially in commercial, real estate, and administrative matters.

13 Tips and traps

13.1 What would be your recommendations to parties facing litigation in your jurisdiction and what potential pitfalls would you highlight?

We would recommend parties to exhaust all other means of negotiations and amicable settlement before initiating litigation. Litigation proceedings take more time and resources compared to dispute resolution through negotiations. However, we also recommend to allocate some fixed time period for any negotiations, as one needs to be mindful of any prescription periods involved. If the other party does not seem interested in negotiations or any form of amicable settlement or does not demonstrate good faith, initiating timely litigation would be a wise option.

We would also recommend that before initiating litigation parties should identify the relevant evidence that they may need to establish their case, get an assessment of the evidence by someone with appropriate legal expertise and prepare all the documentary evidence before filing the case.

Footnotes

1. "The legislative power shall be vested in the Emir and the National Assembly in accordance with the Constitution." Article 51 of the Kuwaiti Constitution.

2. "No Law shall be promulgated unless approved by the National Assembly and ratified by the Emir. (Article 79 of the Kuwaiti Constitution)

3. "Laws shall be published in the Official Gazette within two (2) weeks from the date of their promulgation and shall enter into effect within one (1) month from the date of publication in the Official Gazette. Such a period may be extended or reduced by a special provision in the law." (Article 178 of the Kuwaiti Constitution)

4. "The judicial power shall be vested in the courts, which exercise their duties in the name of the Emir, within the limits of the Constitution." (Article 53 of the Kuwaiti Constitution)

5. "The Emir shall issue, by Decree, the regulations necessary for the arrangement of public services and departments, without contradicting law." (Article 73 of the Kuwaiti Constitution)

6. "The Emir shall issue, by Decree, the regulations necessary for the arrangement of public services and departments, without contradicting law." (Article 73 of the Kuwaiti Constitution)

7. "The law shall regulate the courts of all types and degrees and shall state their functions and jurisdiction." (Article 164 of the Kuwaiti Constitution)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.