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What are the main methods of resolving disputes in your jurisdiction?
The main methods of resolving disputes in Kuwait are litigation before the courts or arbitration.
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What are the main procedural rules governing litigation in your jurisdiction?
The main procedural rules governing litigation in my jurisdiction, in sequential order, are as follows:
- Law No. 14 of 1973 regarding judicial fees.
- Law No. 38 of 1980 regarding Civil and Commercial Procedures.
- Decree-Law No. 39 of 1980 concerning evidence in civil and commercial matters.
- Decree-Law No. 40 of 1980 enacting the Law Regulating Experts.
- Law No. 51 of 1984 regarding Personal Status Matters.
- Law No. 11 of 1995 regarding arbitration in commercial matters.
- Law No. 6 of 2010 regarding Employment in the Private Sector.
- Law No. (12) of 2015 concerning Family Court.
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What is the structure and organisation of local courts dealing with claims in your jurisdiction? What is the final court of appeal?
A) As in for the litigation before the court:
Type of claim Special measurements Court of first instance Court of appeal Cassation court ( the supreme/ highest court in the country) Financial Labour claim Before filing a lawsuit with the competent court, a complaint must be submitted to the Public Authority of Manpower – Department of Work Affairs. YES YES YES Sponsorship labour claim Filing a complaint before the Public Authority of Manpower YES – after the grievance. YES YES Family law and inheritance N\A YES YES – The judgments issued by the Family Court are final in matters of inheritance, wills, endowments, and dowry, provided that the value of the claim does not exceed five thousand dinars. No, however, the judgments issued by the appellate circuits of the Family Court in personal status matters are not subject to appeal through cassation. Despite this restriction, the Public Prosecutor is allowed to appeal through cassation against those judgments if they involve a violation of Islamic Sharia provisions related to public order, as stipulated in Article 338 of the Personal Status Law. The parties involved are also entitled to appeal through cassation against judgments related to wills and inheritances. With regards to Article-338, cited above, the purview of “Islamic Sharia provisions related to public order” include: A – Marriage to those who are permanently or temporarily forbidden.
B – Proof of irrevocable divorce.
C – Annulment of marriage.
D – Endowments and charitable wills.
E – Claims of lineage, and correction of names.
F – Lawsuits related to those lacking capacity or have limited capacity, the absent, and the missing.
Alimony and custody N\A YES YES NO Divorce lawsuit A request must be filed with the administrative authority before filing a lawsuit before the court YES YES YES, if it is related to an irrevocable divorce. Administrative claims A complaint must be filed with the administrative authority before filing a lawsuit before the court YES YES YES Civil Claims N\A YES YES, unless it is in the partial court and the value of the lawsuit does not exceed one thousand dinars. YES, unless the lawsuit’s value does not exceed five thousand Kuwaiti dinars.
Commercial The creditor is required to initially demand that the debtor fulfil their obligation, providing a notice period of at least five days. Following this period, the creditor should seek a performance order from either the judge of the court handling partial matters or the head of the division of the court. The creditor is allowed to submit a petition, which should be coupled with a debt instrument and documents that substantiate the obligation to fulfil the debt. This process can be applied under the following conditions:
1- The creditor’s right is unambiguously established in writing, the performance is due, and the claim entails a specific amount of money.
2- The claim is associated with a specific movable object, distinctly identified by its type and quantity.
3- The claim involves an object or entity that is specifically identified in and of itself.
YES YES, unless It is in the partial court and the value of the lawsuit does not exceed one thousand Kuwaiti dinars.
YES, unless the lawsuits value does not exceed five thousand Kuwaiti dinars.
B) Arbitration: According to the arbitration article agreed upon by the arbitrating parties, the arbitration award or ruling can either be final and binding or can be appealed.
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How long does it typically take from commencing proceedings to get to trial in your jurisdiction?
- Litigation: The three stages of litigation before the court (including Court of First Instance, Court of Appeal, and Cassation Court) take around 2 to 4 years depending on the type of claim; if the type of claim requires prior special remedies, then it shall take an additional duration of approximately 3-8 months.
- Arbitration: 3 to 6 months, depending on the Arbitration Centre/ Court.
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Are hearings held in public and are documents filed at court available to the public in your jurisdiction? Are there any exceptions?
As a general rule, hearings are conducted publicly, thereby allowing anyone to attend. However, under certain conditions and in specific cases, hearings can be held in private court sessions, or in a judge’s chamber when appropriate, in order to ensure confidentiality. The documents related to the hearings are not made available to the public. Nevertheless, legal precedents are regularly issued after the names of the parties involved have been redacted.
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What, if any, are the relevant limitation periods in your jurisdiction?
Notifications are pivotal in the initiation and continuation of a lawsuit against the defendant. Consequently, Decree-Law No.38 of 1980, which regulates limitation periods, was enacted to efficiently clarify this subject. The Decree outlines the respective limitation periods that apply in various types of legal matters, along with defining the various legal remedies that are available for these matters.
Starting with the notification process, Articles 4, 6, 9, and 17 assert that proper execution of the notification is fundamental to any litigation process. Failure to adhere to the procedures outlined in this law could lead to nullification of the entire litigation process.
The notification officer must deliver the notice to the defendant between 7:00 AM and 7:00 PM, and at least five days before the assigned hearing. Notification delivery is deemed valid only if received directly by the defendant at their personal residence (as listed on their Civil ID) or at their workplace. It can also be received by their legal representative, a person who appears to be an employee of the defendant, or family relatives residing at the same address.
If the defendant is not found at their workplace, the notice should be delivered to the company’s management representative. If the defendant is not in Kuwait, a diplomatic notification must be executed by the notification officer. Article 18 obligates the officer to execute the diplomatic notification 60 days prior to the hearing date, ensuring sufficient time for the defendant or his representative to appear before the court.
Upon issuance of the verdict by a court of first instance, the appeal period commences on the day the verdict is notified to the defendant by the notification officer. Article 49 sets a 30-day period for submitting an appeal.
To submit an appeal before the Supreme Court in Kuwait, also known as the “Cassation Court,” the appeal period commences on the day the verdict is notified to the defendant by the notification officer. Article 153 sets a 60-day period for submitting an appeal.
Regarding arbitration, according to Article 179, the arbitrator is obligated to notify both parties of the date of the first arbitration session within thirty days from the date of accepting the arbitration matter request. If the parties do not agree on a specific period for the verdict to be issued, the arbitrator must issue the verdict within six months from the date of notifying both parties about the arbitration.
- Translation: All necessary documents must be translated in advance to Arabic.
- Notification: Before the court review of the claims, all notification procedures must be completed in accordance with procedural law. The defendant must acknowledge the claims filed against them and be allowed to represent themselves before the court, either personally or through a lawyer.
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What, if any, are the pre-action conduct requirements in your jurisdiction and what, if any, are the consequences of non-compliance?
A creditor, in line with Article 167 of Law No. 38 of 1980 pertaining to Civil and Commercial Procedures, is obliged to initially request the debtor to fulfil their commitment, providing at least a five-day notice period. Subsequent to this period, the creditor should proceed to seek a performance order from either the judge responsible for partial matters or the head of the court division. The creditor has the right to present a petition, which must be complemented with a debt instrument and documents that substantiate the obligation to discharge the debt. This procedure can be put into action under the following conditions:
- The creditor’s entitlement is definitively established in writing, the obligation is due, and the claim encompasses a specific monetary amount.
- The claim is linked to a particular movable item, clearly identified by its type and quantity.
- The claim pertains to a distinct entity or object.
Additionally, in the case of labour claims, specific procedures must be adhered to. A complaint must initially be lodged with the Public Authority of Manpower – Department of Work Affairs. Should an amicable resolution not be reached between the parties, the case will then be forwarded to court.
In divorce lawsuits, as per Article 9 of Law number 12 of 2015 concerning the family court, a petition must be filed with the Specialized Family Dispute Resolution Centre before initiating a lawsuit in court.
In the realm of real estate-related lawsuits, the lawsuit documents must be annotated in the in-kind register at the Ministry of Justice. Failure to do so will result in the court dismissing the lawsuit due to non-compliance with the legal process. This is in accordance with the stipulations of Article 11 of Law No. 21 of 2019 concerning the in-kind registry system, which was published in the official gazette on 26/5/2019. The article emphasizes that “All actions capable of creating, transferring, altering, or extinguishing a primary or ancillary real property right, along with final rulings that confirm any of these actions—including endowments, testamentary dispositions, and inheritance rights—must be registered in the in-kind registry.
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How are proceedings commenced in your jurisdiction? Is service necessary and, if so, is this done by the court (or its agent) or by the parties?
All proceedings should be conducted either by the plaintiff themselves or through their legal representative. However, in certain circumstances, the court mandates the plaintiff’s personal involvement, despite the use of a legal representative. For instance, in criminal accusations before a felony court, the accused is required to attend all trials personally, even if they have legal representation. This requirement contrasts with other types of litigation, where representation by a lawyer is deemed sufficient.
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How does the court determine whether it has jurisdiction over a claim in your jurisdiction?
Articles 24 through 36 of Decree Law No. 38 of 1980, Concerning the Issuance of Commercial and Civil Procedure Law, outline the jurisdiction of Kuwaiti courts based on the value or type of the claim, as per the following provisions:
- Article 24 confers jurisdiction to Kuwaiti courts over disputes involving a foreigner (non-Kuwaiti) if they have a chosen domicile in Kuwait, if the lawsuit pertains to real estate or movable property located in Kuwait, or if it’s related to an obligation that has arisen, been implemented, or was obligated to be carried out in Kuwait. Kuwait’s jurisdiction also applies if the dispute involves bankruptcy declared in Kuwait, a marriage contract to be concluded by using a Kuwaiti notary, or if it pertains to guardianship over assets when the minor or the person to be interdicted has a domicile or place of residence in Kuwait, or it was the last known domicile or residence of the absent party.
- Article 25 allocates jurisdiction to Kuwaiti courts over inheritance matters if the estate was opened in Kuwait, if the legatee is Kuwaiti, or if all or some of the estate’s assets are in Kuwait, and the heirs are all or some of them Kuwaitis, and the court where the estate was opened is not competent according to its law.
- Article 26 establishes the jurisdiction of Kuwaiti courts to adjudicate a case, even if it falls outside their jurisdiction as per the previous articles, if the litigant explicitly or implicitly accepts their jurisdiction.
- Article 27 asserts that if a lawsuit is brought to Kuwaiti courts within their jurisdiction, they are also competent to decide on preliminary issues and interlocutory requests related to the original lawsuit, as well as any request related to this lawsuit where justice’s proper conduct requires consideration.
Furthermore, according to the same law, Kuwaiti courts are also empowered to issue temporary and precautionary measures enforceable in Kuwait, even if they lack jurisdiction over the original case.
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How does the court determine which law governs the claims in your jurisdiction?
Depending on the primary subject of the claim, the court will apply either Law No. 38 of 1980, Pertaining to Commercial and Civil Procedures, or Law No. 17 of 1960, regarding Criminal Procedures. Both of these laws will elucidate the jurisdiction of the case.
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In what circumstances, if any, can claims be disposed of without a full trial in your jurisdiction?
Claims can be disposed of without a full trial in Kuwait under the following circumstances:
- Cases where the plaintiffs and defendants reach an amicable agreement or settlement, leading to the withdrawal of the case.
- Instances where the plaintiff fails to carry out the notification process according to the procedural law, resulting in the court dismissing the case as a penalty against the plaintiff for their failure to accomplish the notification, or refusing to recognize the lawsuit due to its filing through an unofficial method.
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What, if any, are the main types of interim remedies available in your jurisdiction?
Article 79 of Law No. 51 of 1984, Pertaining to Personal Status Matters in Kuwait, stipulates the following:
- During the adjudication of an alimony lawsuit, the presiding judge may order the husband to provide temporary alimony to the wife upon her request. This provision is to be renewed monthly until a final decision is made on the case. This order is enforceable immediately.
- Depending on the final ruling, the husband may be entitled to reduce or reclaim the alimony payments he has made.
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After a claim has been commenced, what written documents must (or can) the parties submit in your jurisdiction? What is the usual timetable?
Once a claim has been initiated, the plaintiff is required to submit all pertinent documentary evidence in support of their assertions during the initial hearing. This includes all documentation that substantiates the claims made within the lawsuit. The usual timetable for this process necessitates the submission of these documents at the first hearing itself.
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What, if any, are the rules for disclosure of documents in your jurisdiction? Are there any exceptions (e.g. on grounds of privilege, confidentiality or public interest)?
In accordance with the legal procedures in Kuwait, the following guidance applies concerning the disclosure of documents during a legal proceeding:
As a general rule, all trials are conducted publicly, allowing anyone to attend. However, access to the documents is strictly limited. These documents are only made available for review by the court and the parties directly involved in the case. This policy ensures the confidentiality of the information contained within the documents and safeguards the interests of the parties involved.
- There are some laws which provides confidentiality to certain information such as:
Article 13 of Law No. 70 of 2020 on the Practice of Medicine, Auxiliary Professions, Patients’ Rights, and Health Institutions, states:- It is prohibited for the practitioner to disclose a secret pertaining to the patient, whether this secret came to his knowledge, was discovered through the practice of his profession, was entrusted to him by the patient, or was heard from others. This prohibition applies to all those who are privy to the secret among the workers in the relevant health institutions or other entities. Nevertheless, the secret may be disclosed in the following cases:
- In execution of a written order issued by the court, the public prosecution, or one of the competent investigation authorities, or when appearing before these authorities.
- Disclosure of marital medical matters relating to one of the spouses to the other spouse, with disclosure being to one of them personally after obtaining written consent from the concerned spouse. This consent is not required if the disclosure is to avert a serious health risk to the other.
- Disclosure to the competent official authorities with the intention of preventing the commission of a crime or reporting it.
- Reporting a communicable disease in accordance with the laws and regulations to be followed in this regard. The disclosure is limited to the entities determined by the Ministry in accordance with the provisions of Law No. 8 of 1969 on Health Precautions to Prevent Communicable Diseases.
- The patient’s written consent to disclose his secret to the person or entity and within the scope he specifies.
- The requirements of practicing the profession require the exchange of information and data, whether it be among the medical team, with the administrative apparatus of the health institution, with the patient’s relatives, or his legal representative in cases that require it, provided that this is between them and within the narrowest limits and to the extent necessary to perform their duties and tasks.
- Cases of violence and child maltreatment in accordance with the provisions of Law No. 21 of 2015 on Child Rights.
- Cases of neglect and violence directed at the elderly in accordance with the provisions of Law No. 18 of 2016 on Social Care for the Elderly.
- The Minister may issue a decision determining the cases that must be reported, the entities to which the notification is made, and the procedures to be followed.
- Article 10 of Law No. 16 of 2020 regarding the Protection Against Domestic Violence stipulates that:
- Anyone who witnesses or becomes aware of an incident of domestic violence is obligated to report it.
- The person making the report regarding domestic violence enjoys legal protection, confidentiality, and non-disclosure of their identity unless judicial procedures require otherwise.
- Penalties stipulated in the provisions of refusal to report crimes, as stated in Law No. 16 of 1960 issuing the Penal Code, apply to those who fail to report.
- Article 40 of Law No. 42 of 1964 on the Regulation of the Legal Profession before the Courts stipulates that:
- Disciplinary hearings are confidential, and the ruling is issued after hearing the statements of the prosecution and the defence of the lawyer.
- Article 41: The decision of the Disciplinary Council must be reasoned, and its full reasons must be read when pronounced in a confidential session. The decisions issued for erasing the name or suspension have their effect in all courts. Disciplinary decisions are notified to the courts and the Bar Association, each of which keeps a register in which these judgments are recorded. If the decision is issued to erase the name from the schedule or suspension, its wording (excluding the reasons) is published in the Official Gazette.
- Article 112 of Decree Law No. 38 of 1980 on the Issuance of the Civil and Commercial Procedures Law stipulates that: Deliberations in judgements are confidential among the assembled judges. No one other than the judges who heard the arguments may participate in them or disclose them.
- There are some laws which provides confidentiality to certain information such as:
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How is witness evidence dealt with in your jurisdiction (and in particular, do witnesses give oral and/or written evidence and what, if any, are the rules on cross-examination)? Are depositions permitted?
In civil disputes, any testimony that supports the claim is typically recognized as evidence. However, for claims and lawsuits falling under the jurisdiction of Shari’a Islamic laws, it is mandatory to have a minimum of two male witnesses or one male and two female witnesses in order for the testimony to be considered valid evidence.
Also, Article 39 of Decree-Law No. 39 of 1980 Regarding Evidence in Civil and Commercial Matters stipulates: In non-commercial affairs, if the transaction value exceeds five thousand dinars, or if the value is indeterminate, the testimony of witnesses is not acceptable to prove its existence or its termination unless there is an agreement or provision specifying otherwise. The obligation is assessed based on its value at the time of the transaction, not including any ancillary elements attached to the principal.
If a lawsuit comprises multiple claims arising from various sources, it is permissible to substantiate each claim not exceeding five thousand dinars through witness testimony, even if the cumulative value of these claims surpasses that amount. This applies even if the origins of these claims are relations between the disputing parties themselves or transactions of the same nature.
For the partial fulfilment of an obligation, the proof is considered based on the value of the original obligation.
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Is expert evidence permitted in your jurisdiction? If so, how is it dealt with (and in particular, are experts appointed by the court or the parties, and what duties do they owe)?
Experts are appointed by the court upon the request of either the plaintiff or the defendant. The roles of these experts vary depending on the nature of the claim and the court’s preliminary judgment. According to procedural law, the court should issue a preliminary verdict to refer the claim to the expert department where an expert will be engaged. The final report produced by the expert will be considered as evidence.
Article 71 of Decree-Law No. 39 of 1980 concerning Evidence in Civil and Commercial Matters states:
The court, upon the request of one of the disputing parties or on its own accord, may decide to conduct an inspection of the subject matter of the dispute. The court shall specify the date and location of the inspection in its decision. The court will prepare a record detailing all activities related to the inspection.
The court has the authority to appoint an expert to assist in the inspection and may hear any witnesses it deems necessary. The invitation for these individuals to attend can be made verbally by the court clerk.
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Can final and interim decisions be appealed in your jurisdiction? If so, to which court(s) and within what timescale?
- Upon the issuance of a court verdict, the appeal period commences on the day the verdict is served to the defendant by the notification officer. As per Article 49, the deadline for filing an appeal is 30 days.
- When lodging an appeal to the Supreme Court in Kuwait, also known as the “Cassation Court,” the appeal period again begins on the day the verdict is served to the defendant by the notification officer. However, according to Article 153, the deadline for filing this appeal extends to 60 days.
- For urgent matters such as contestations, rents, and bankruptcy, an appeal must be submitted within 15 days of the judgment’s issuance, as mandated by law.
- In case of appealing the verdict of an auction marina, the legal period for lodging an appeal is a maximum of 7 days.
- If lodging a grievance against a performance order, the legal deadline is 10 days from the date of announcement, and the requirement for deportation must be considered.
- For grievances related to fee estimation, the legal deadline for filing such grievances is 15 days from the announcement of the estimation order.
- In responding to an appeal from litigants, the response memorandum must be legally deposited with the Clerks’ Department within 15 days from the date of the appeal notification. Furthermore, copies of the response memorandum must be served to the litigants.
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What are the rules governing enforcement of foreign judgments in your jurisdiction?
Law No. 38 of 1980 outlines the process for enforcing foreign judgments in Kuwait. The law includes Articles 199, 201, and 202 which stipulate various conditions and requirements for the enforcement of foreign judgments and authenticated documents.
- Attestation: According to the law, foreign judgments must undergo a thorough attestation process. This involves validation by the foreign country’s Ministry of Justice or relevant authority, followed by stamps and attestations by its Ministry of Foreign Affairs and the Kuwaiti embassy in the foreign country. The process is then mirrored in Kuwait, with attestations from the foreign country’s embassy in Kuwait and the Kuwaiti Ministry of Foreign Affairs.
- Court Recognition: Once attested, the foreign judgment is presented to the Kuwaiti courts for recognition. The courts assess if the foreign judgment complies with Kuwait’s public order and morals. If it violates these principles, its implementation is strictly prohibited. This safeguard mechanism, while exceptional, has become increasingly prominent due to variations in laws across different jurisdictions.
- Regular Enforcement: Upon attestation and court recognition, the foreign judgment is approved for implementation. The law then initiates regular enforcement procedures to ensure that the judgment is executed in accordance with Kuwaiti laws and procedures.
Specifically, Article 199 sets out the conditions under which foreign judgments can be enforced. The judgment must originate from a competent court, the parties must have been properly represented, and the judgment must not contradict any prior judgment by a Kuwaiti court or violate Kuwaiti public order or morals.
Article 201 permits the enforcement of documents authenticated in a foreign country under the same conditions set by that country for enforcing authenticated documents in Kuwait.
Finally, Article 202 mandates that the enforcement order is requested by a petition submitted to the Director of the Enforcement Department, and its enforcement is subject to verification of certain conditions, including its compliance with public order and morality in Kuwait.
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Can the costs of litigation (e.g. court costs, as well as the parties’ costs of instructing lawyers, experts and other professionals) be recovered from the other side in your jurisdiction?
Article 119 of Law No. 38 of 1980 states that the court must, when issuing a judgment that ends the dispute before it, rule on the lawsuit’s expenses of its own accord. These expenses – including lawyer’s fees – are to be borne by the party against whom judgment is rendered. If there are multiple parties against whom judgment is rendered, the court rules that the expenses are to be divided among them in proportion to each party’s interest in the lawsuit, as estimated by the court. They are not required to jointly bear the expenses unless they are jointly liable in the obligation upon which judgment is rendered. The costs of intervention are ruled to be borne by the intervening party if they have separate requests and judgment is made to reject their intervention or their requests.
Article -119 similarly states: The court estimates the lawyer’s fees based on the request of the party in favor of whom judgment is rendered, within the limits of their requests, in light of the actual fees they incurred, taking into consideration the subject of the lawsuit and the level of litigation before it.
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What, if any, are the collective redress (e.g. class action) mechanisms in your jurisdiction?
In the context of Kuwait’s legal jurisdiction, to address unlawful practices impacting a multitude of claimants or to seek compensation for damages caused by such practices, the plaintiff has the right to initiate a lawsuit before the Court of Urgent Matters. The plaintiff can request either a temporary cessation or halt of the harmful practice. It is crucial to note that these interim procedures should always be linked with the main lawsuit, pertaining to the said practice, filed before the appropriate court to be considered independently. Consequently, any cessation or halt granted is intended to be provisional in nature.
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What, if any, are the mechanisms for joining third parties to ongoing proceedings and/or consolidating two sets of proceedings in your jurisdiction?
In Kuwait’s jurisdiction, mechanisms for involving third parties in ongoing proceedings or consolidating two sets of proceedings are governed by Law No. 38 of 1980 pertaining to Civil and Commercial Procedures. Articles 84 to 88 detail the mechanisms by which third parties may participate in ongoing litigation.
Article 38 defines “Incidental requests” as motions directed by the plaintiff to the defendant, or vice versa, as well as claims made by a third party to either party. This is regarded as an intervention. The court has the discretion to permit the involvement of a third party in the proceedings as per the provisions in Article 86.
A litigant may involve anyone who had the legal standing to participate in the case when it was filed. Moreover, any person with a vested interest may intervene in the case, either supporting one of the litigants or requesting a judgment for themselves, thereby joining the lawsuit as an independent third party, as outlined in Article 87.
Finally, as per Article 88, the court, even of its own accord, may permit the involvement of any party it deems necessary in the interest of justice.
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Are third parties allowed to fund litigation in your jurisdiction? If so, are there any restrictions on this and can third party funders be made liable for the costs incurred by the other side?
Third-party funding for litigation is permissible. Entities such as insurance companies can finance the litigation process as outlined in their agreements with insured parties. As of September 2021, there are no explicit legal restrictions on third-party litigation funding in Kuwait. However, liability for costs incurred by the other side may be subject to the specifics of the agreement between the third-party funder and the litigant, as well as any applicable laws.
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What has been the impact of the COVID-19 pandemic on litigation in your jurisdiction?
The COVID-19 pandemic significantly impacted the litigation process. Government-imposed lockdowns affected all sectors, including the judicial system. During this period, courts suspended regular operations, except for trials involving individuals remanded in custody. In these instances, the only permitted procedure was for legal representatives to attend bail hearings on behalf of the accused. Consequently, all other lawsuits were temporarily halted, resulting in an extended trial period. However, the courts have since resumed full operations.
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What is the main advantage and the main disadvantage of litigating international commercial disputes in your jurisdiction?
The advantages and disadvantages of litigating international commercial disputes in Kuwait can vary depending on the specifics of the case. However, some general points can be made:
Main Advantage:
Pro-Business Legal Framework: Kuwait has a pro-business legal framework that is designed to encourage foreign investment and international commerce. This includes regulations that provide for the fair and equitable treatment of all parties in a dispute. The law also provides for the enforcement of foreign judgments and arbitral awards under certain conditions, which can be beneficial in international commercial disputes.
Main Disadvantage:
Legal System Complexity: The legal system in Kuwait is a mix of Islamic law (Sharia), civil law, and traditional practices. For parties unfamiliar with this system, navigating it can be challenging. The interpretation of laws can sometimes lack predictability, and court proceedings can be lengthy. Additionally, while the enforcement of foreign judgments and arbitral awards is provided for, it can be a complex and time-consuming process in practice.
It is important to note that these are general observations and the specific advantages or disadvantages can change significantly depending on the specifics of the case, the parties involved, and changes in law and policy.
Ultimately, the decision of whether or not to litigate an international commercial dispute in Kuwait jurisdiction should be made on a case-by-case basis. Factors to consider include the specific facts of the case, the cost of litigation, and the likelihood of success.
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What is the most likely growth area for commercial disputes in your jurisdiction for the next 5 years?
The most likely growth area for commercial disputes in Kuwait’s jurisdiction for the next 5 years is in the field of intellectual property (IP). As Kuwait continues to develop its economy and become more integrated into the global economy, there will be an increasing demand for IP protection. This will lead to an increase in the number of IP disputes, both domestic and international.
Some of the specific areas of IP that are likely to see an increase in disputes include:
- Copyright: This includes disputes over the unauthorized use of copyrighted material, such as music, movies, and software.
- Trademarks: This includes disputes over the unauthorized use of trademarks, such as brand names and logos.
- Patents: This includes disputes over the unauthorized use of patented inventions.
In addition to the growth in IP disputes, there are a number of other factors that are likely to contribute to the growth of commercial disputes in Kuwait’s jurisdiction in the next 5 years. These factors include:
- The increasing number of foreign companies doing business in Kuwait.
- The growing complexity of commercial transactions.
- The increasing use of electronic commerce.
- The increasing awareness of legal rights and remedies.
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What, if any, will be the impact of technology on commercial litigation in your jurisdiction in the next 5 years?
Technology continues to exert a transformative impact across all areas of law, including commercial litigation. Over the next five years, we can anticipate the following influences of technology on commercial litigation within the jurisdiction of Kuwait:
- Enhanced use of electronic notifications: As stipulated by Law No. 20 of 2014 regarding Electronic Transactions, we can expect a rise in the utilization of electronic notifications. This law delineates the legal framework governing electronic transactions within the jurisdiction.
- Augmented application of international arbitration: International arbitration is gaining momentum. It is increasingly perceived as a more efficient and equitable method to resolve international disputes.
The influence of technology on commercial litigation is an evolving landscape. Nevertheless, its significant impact on the modus operandi of commercial litigation is unmistakable. As such, businesses operating within Kuwait should stay abreast of these developments and strategize accordingly to prepare for future shifts.
Kuwait: Litigation
This country-specific Q&A provides an overview of Litigation laws and regulations applicable in Kuwait.
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What are the main methods of resolving disputes in your jurisdiction?
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What are the main procedural rules governing litigation in your jurisdiction?
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What is the structure and organisation of local courts dealing with claims in your jurisdiction? What is the final court of appeal?
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How long does it typically take from commencing proceedings to get to trial in your jurisdiction?
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Are hearings held in public and are documents filed at court available to the public in your jurisdiction? Are there any exceptions?
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What, if any, are the relevant limitation periods in your jurisdiction?
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What, if any, are the pre-action conduct requirements in your jurisdiction and what, if any, are the consequences of non-compliance?
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How are proceedings commenced in your jurisdiction? Is service necessary and, if so, is this done by the court (or its agent) or by the parties?
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How does the court determine whether it has jurisdiction over a claim in your jurisdiction?
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How does the court determine which law governs the claims in your jurisdiction?
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In what circumstances, if any, can claims be disposed of without a full trial in your jurisdiction?
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What, if any, are the main types of interim remedies available in your jurisdiction?
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After a claim has been commenced, what written documents must (or can) the parties submit in your jurisdiction? What is the usual timetable?
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What, if any, are the rules for disclosure of documents in your jurisdiction? Are there any exceptions (e.g. on grounds of privilege, confidentiality or public interest)?
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How is witness evidence dealt with in your jurisdiction (and in particular, do witnesses give oral and/or written evidence and what, if any, are the rules on cross-examination)? Are depositions permitted?
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Is expert evidence permitted in your jurisdiction? If so, how is it dealt with (and in particular, are experts appointed by the court or the parties, and what duties do they owe)?
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Can final and interim decisions be appealed in your jurisdiction? If so, to which court(s) and within what timescale?
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What are the rules governing enforcement of foreign judgments in your jurisdiction?
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Can the costs of litigation (e.g. court costs, as well as the parties’ costs of instructing lawyers, experts and other professionals) be recovered from the other side in your jurisdiction?
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What, if any, are the collective redress (e.g. class action) mechanisms in your jurisdiction?
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What, if any, are the mechanisms for joining third parties to ongoing proceedings and/or consolidating two sets of proceedings in your jurisdiction?
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Are third parties allowed to fund litigation in your jurisdiction? If so, are there any restrictions on this and can third party funders be made liable for the costs incurred by the other side?
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What has been the impact of the COVID-19 pandemic on litigation in your jurisdiction?
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What is the main advantage and the main disadvantage of litigating international commercial disputes in your jurisdiction?
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What is the most likely growth area for commercial disputes in your jurisdiction for the next 5 years?
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What, if any, will be the impact of technology on commercial litigation in your jurisdiction in the next 5 years?