KUWAIT Law and Practice Contributed by: Dr Fawaz Alkhateeb, Taher Group Law Firm Co
Transcripts of court sessions are not easily accessible to the public and may be restricted. 7.7 Level of Intervention by a Judge To ensure fair and legitimate proceedings, judg- es in Kuwait actively supervise hearings and tri- als. Their responsibilities include: • case management, scheduling, and maintain- ing courtroom decorum; • evaluating evidence for admissibility, rel- evance and authenticity; • questioning witnesses as needed; • making legal decisions on facts and proce- dures; • issuing verdicts based on law and facts; • encouraging dispute resolution; and • deciding on case disposition. Judgments may be immediate in simple or uncontested cases but reserved for later dates in complex matters with deep legal issues or extensive evidence. 7.8 General Timeframes for Proceedings The timetables for processes from the filing of a claim to trial, as well as the normal duration of trials for commercial disputes in Kuwait, might vary based on the complexity of the case, the court backlog, and a variety of other circum- stances. • Claim filing – starting a commercial dispute by filing a claim might take many weeks because it requires preparing the relevant paperwork, such as the claim itself, supporting evidence, and filing costs. • Preliminary processes – following the filing of the claim, preliminary processes may involve notifying the defendant and arranging the first hearing. This can take anywhere from a few weeks to several months.
• Hearing scheduling – hearings are scheduled by the court, based on court availability. The initial hearing might take several months. • Trial preparation – the trial preparation and presenting of evidence can take several months. • Trial start date – commercial trials may begin several months to a year or more after the claim is filed. • Trial length – the length of commercial trials varies greatly but can normally vary from a few days to a few weeks. • Post-trial procedures – the judge may then take more time to deliberate and deliver a decision. • Appeals – if any party decides to appeal the ruling, the whole period can be extended by several months. Depending on the nature of claim, the three stages of court litigation (up until the Cassation Court) take between two and four years. If the type of claim necessitates prior special reme- dies, the process will take an extra three to 12 months. In terms of arbitration, depending on the Arbitration Centre/Court, the process typi- cally takes three to six months for a ruling to be issued.
8. Settlement 8.1 Court Approval
In Kuwait, court permission is usually not required to settle a case, and parties can normally settle their differences through voluntary settlement or agreement without the need for court inter- vention. Most regular commercial disputes do not require court approval for a settlement, and parties can establish voluntary agreements and resolve their problems on their own. However, there may be instances in which a settlement
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