KUWAIT Law and Practice Contributed by: Dr Fawaz Alkhateeb, Taher Group Law Firm Co
1.3 Court Filings and Proceedings As a rule, hearings are conducted publicly, there- by allowing anyone to attend. However, under certain conditions and in specific cases, the confidentiality of proceedings is often intend- ed to safeguard the privacy and dignity of the individuals involved, particularly in family and personal status cases. In certain cases, parties involved in a dispute or legal action can request that specific information or documents remain confidential, especially when it involves sensitive financial, commercial or personal data. Hearings can be held in private court sessions, or in a judge’s chamber when appropriate, to ensure confidentiality. The documents related to the hearings are not made available to the pub- lic. Nevertheless, legal precedents are regularly issued after the names of the parties involved have been redacted. 1.4 Legal Representation in Court In Kuwait, legal representatives, including law- yers, must adhere to specific requirements before they are permitted to appear in the country’s courts. The legal profession in Kuwait is regulated, and there are specific rules and criteria that legal representatives must follow. Kuwaiti lawyers must be members of the Kuwait Lawyers’ Society, while foreign lawyers usually have limited rights of audience. Foreign law firms cannot establish offices or appear in court and must instead collaborate with local law firms. 2. Litigation Funding 2.1 Third-Party Litigation Funding Third-party funding for litigation is permissi- ble. Entities such as insurance companies can finance the litigation process as outlined in their agreements with insured parties.
Kuwait does not yet have specific legislation or regulations in place addressing litigation fund- ing by third-party funders. The absence of clear regulations indicates that third-party litigation funding arrangements are generally not common or are not expressly regulated. 2.2 Third-Party Funding: Lawsuits There are no explicit legal restrictions on third- party litigation funding in Kuwait. However, lia- bility for costs incurred by the other side may be subject to the specifics of the agreement between the third-party funder and the litigant. 2.3 Third-Party Funding for Plaintiff and Defendant Given the absence of regulation on the subject matter, funding either the plaintiff or defendant is presumably permitted in Kuwait. 2.4 Minimum and Maximum Amounts of Third-Party Funding No restrictions exist that govern the minimum and maximum amount a third-party funder will fund. 2.5 Types of Costs Considered Under Third-Party Funding The costs that a third-party funder may consider funding in Kuwait will depend on the specific agreement between the litigant and the funder. It is fair to presume that the typical costs and expenses that exist in a funding arrangement will also be funded in Kuwait. Such cost categories would include legal representation fees, court application costs, expert witnesses cost, and the like. 2.6 Contingency Fees Contingency fees are permitted in Kuwait; however, they are not widely used in pay- ment arrangements. A more frequent payment
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