KUWAIT Law and Practice Contributed by: Dr Fawaz Alkhateeb, Taher Group Law Firm Co
requires court approval. Court supervision may be required, for example, to protect the inter- ests of vulnerable parties, a minor party, or to preserve the integrity of complex settlements involving multiple parties. 8.2 Settlement of Lawsuits and Confidentiality In Kuwait, the details of a litigation settlement may stay private. By incorporating confidentiality clauses in their settlement agreements, parties can frequently keep the specifics of the settle- ment a secret. These limits may prohibit the parties from disclosing any private information concerning the case, such as the terms of the settlement and the amount of compensation. Settlement agreements containing confidential- ity limits are legally binding and breaching them may result in legal consequences such as a breach of contract claim. The enforceability of stated clauses may be subject to Kuwaiti laws, and the courts have discretion to determine their equity and lawfulness. 8.3 Enforcement of Settlement Agreements In Kuwait, settlement agreements are treated as contracts and enforced through civil contract law principles. The enforcement process typi- cally involves: • parties executing a written settlement agree- ment with clear terms; • optional registration of the agreement with relevant authorities or a notary public; • if a party breaches the agreement, the other party can file a breach of contract lawsuit in civil court; • legal proceedings proceed to assess and address the breaches; and
• the court determines remedies like specific performance or damages, and issues an enforcement order upon a favourable judg- ment. If the breaching party continues non-compli- ance, the judgment creditor can request com- pulsory execution, which may include asset sei- zure or other measures to satisfy the judgment. 8.4 Setting Aside Settlement Agreements Settlement agreements in Kuwait can be set aside or challenged in certain circumstances. To overturn a settlement agreement, the aggrieved party must typically file a legal action or motion with the appropriate court. The court will weigh the evidence and arguments presented by both parties before making a decision based on the applicable legal principles and facts of the case. Settlement agreements may be set aside where there occurs fraud or misrepresentation, duress or undue influence, error, a violation of public policy, or a failure to follow formalities. 9. Damages and Judgment 9.1 Awards Available to the Successful Litigant Depending on the nature of the case and the specific relief sought, successful litigants in Kuwait may be entitled to a variety of awards and remedies at the full trial stage. The common awards and remedies available to successful litigants include performance, injunc- tions, restitution, declaratory judgments, costs and legal fees, and execution and seizure. There may also be specific remedies available such as eviction, contract annulment, orders for property
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