KUWAIT Law and Practice Contributed by: Sam Habbas, Luis Cunha, Hisham Al-Quraan and Mustafa Sayed, ASAR – Al Ruwayeh & Partners
ASAR – Al Ruwayeh & Partners Assima Towers Floor 37 Othman Bin Affan Street Mirqab Kuwait City
Tel: +965 2292 2700 Fax: +965 2245 3597 Email: asar@asarlegal.com Web: www.asarlegal.com
1. Legal System 1.1 Legal System and Judicial Order
The Court of Appeals The jurisdiction of the Court of Appeals is generally limited to the review of issues being appealed from the Court of First Instance, but it is empowered to make a de novo review of appealed cases as well. The Court of Appeals regularly conducts trials de novo. Judgments rendered in the Court of Appeals are final, except for those appeals taken to and accepted by The Court of Cassation may be viewed as the supreme court of Kuwait. It has final jurisdiction over matters relating to the proper application, interpretation and enforcement of Kuwaiti law, and rectifies procedural and substantive defects committed by the courts below it. The Court of Cassation is divided into com - mercial, civil and criminal divisions, and its judgments are typically respected and followed, even though they are not legally binding on the lower courts (ie, Kuwait is a civil law jurisdiction without binding court precedents). the Court of Cassation. The Court of Cassation 2. Restrictions on Foreign Investments 2.1 Approval of Foreign Investments Certain restrictions may apply, depending on the nature and extent of the foreign investment being made (including in relation to foreign ownership limi - tations). As a general premise, but subject to certain limited exceptions, Article 23 of Law No 68 of 1980 (the
Kuwait is a civil law jurisdiction, and the judiciary of Kuwait is structured in three levels: the Court of First Instance, the Court of Appeals and the Court of Cas - sation. The structure of the judicial system is briefly as follows. The Court of First Instance The Court of First Instance is made up of several cir - cuits/divisions, each with its separate jurisdiction. These circuits/divisions include: • the Small Claims/Summary Court; • the Administrative Court; • the Civil and Commercial Government Court; • the Civil and Commercial Court; • the Labour Court; • the Court of Rent; • the Criminal Court; • the Court of Personal Matters; and • the Court of Minors’ Affairs. The Court of First Instance also has three important support divisions: • the Authentication Department, which authenti - cates signatures, etc; • the Experts Department, which reviews any techni - cal and complicated matters that the court may refer to it, etc; and • the Execution Department, which is tasked with executing the judgments of the court.
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