KUWAIT Law and Practice Contributed by: Dr Fawaz Alkhateeb, Taher Group Law Firm Co
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, the Cassation Court, the appeal peri- od commences on the day the verdict is noti- fied 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 30 days from the date of accepting the arbitra- tion 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. 3.3 Jurisdictional Requirements for a Defendant Article 24 to Article 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 is 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 bankrupt- cy declared in Kuwait, a marriage contract to
be concluded by using a Kuwaiti notary, and to other situations. • Article 25 allocates jurisdiction to Kuwaiti courts over inheritance matters if the estate was opened in Kuwait, if the heir 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, if the litigant explicitly or implicitly accepts their jurisdic- tion. • 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. 3.4 Initial Complaint In Kuwait, legal paperwork, filed by a party with the appropriate court to start a lawsuit, is called a “complaint” or “statement of claim”. The par- ty’s claims, the case’s facts, and the requested relief or remedies are all outlined in this docu- ment. The initial complaint should provide the defendant and the court with a clear picture of the plaintiff’s case. It is usually possible for a party to make chang- es to the document after the first complaint has been filed, particularly if there are any errors or omissions or if more information is required. The party must bring a motion to complete this cor- rection. The specific court and stage of the pro- ceedings will determine the rules and process- es for amending a complaint. Before the court formally accepts the case for trial, the parties are usually permitted to make changes to their pleadings.
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