KUWAIT Law and Practice Contributed by: Dr Fawaz Alkhateeb, Taher Group Law Firm Co
documents should file objections in line with the court’s processes.
the circumstances call for quick action, it may take such applications into consideration. • Fast-tracked proceedings – certain types of applications, such as those for freezing injunctions or other urgent injunctive relief, may be subject to accelerated procedures in some courts. • Court’s decision – the court may decide to expedite the issuance of decisions. • Emergency hearings – to handle pressing issues, courts may set up emergency hear- ings. 6.3 Availability of Injunctive Relief on an Ex Parte Basis Ex parte injunctive relief is generally possible, in cases of exceptional urgency or where tell- ing the other party would negate the object of the injunction. The threshold for obtaining such a relief is typically high. The court will carefully evaluate the merits of the case and the urgency of the situation before granting it. Additionally, ex parte injunctions are often temporary and subject to further hearings where the respond- ent can present their case and challenge the injunction. Injunctive relief on an ex parte basis could be availed for the following reasons: dangers of irreparable harm; urgent situations; or risk of flight or concealment. In addition, the court may consider other exceptional circumstances on a case-by-case basis. These situations could involve preventing process abuse, maintaining vital evidence, or safeguarding national security. 6.4 Liability for Damages for the Applicant In Kuwait, the court has the authority to order the applicant to reimburse the respondent for any losses or damages incurred because of the injunction, and the respondent later success-
6. Injunctive Relief 6.1 Circumstances of Injunctive Relief In Kuwait, injunctive relief, also known as interim or provisional measures, may be granted in vari- ous situations to protect parties’ rights and to prevent irreparable harm. These include the fol- lowing situations: • asset preservation – to prevent the disposal of assets relevant to a judgment; • prevention of parallel proceedings – to halt redundant legal actions in different jurisdic- tions; • mandatory injunctions – to compel specific actions, such as providing documents; • prohibitory injunctions – to forbid certain actions, like using intellectual property; • non-disclosure injunctions – to prevent the disclosure of harmful information; and • interlocutory injunctions – temporary meas- ures to maintain the status quo during ongo- ing litigation. 6.2 Arrangements for Obtaining Urgent Injunctive Relief The expediency with which injunctive relief can be acquired in Kuwait is contingent upon several elements, such as the particulars of the case, the volume of cases the court is handling, and the urgency of the request. Although Kuwait does not usually have the same “out-of-hours judges” system as some other countries, there are still ways to handle urgent cases quickly. • Applications ex parte – a party may file an ex parte application with the court in situations of great urgency. If the court determines that
752 CHAMBERS.COM
Powered by FlippingBook