KUWAIT Law and Practice Contributed by: Dr Fawaz Alkhateeb, Taher Group Law Firm Co
delivery, or orders for accounting, which may be available depending on the nature of the case. 9.2 Rules Regarding Damages Damages are primarily addressed in Articles 206 through to 230 of the Kuwaiti Civil Code. These articles lay out the general principles of dam- ages, such as the different types of damages, how to calculate damages, and when damages can be awarded. While there are no specific provisions in Kuwaiti law for punitive damages, the Civil Code does provide for various types of compensatory dam- ages and establishes certain rules for calculating damages. Damages are calculated based on the actual losses incurred by the injured party. To determine the amount, the court evaluates the evidence and considers the facts of the case. There is no statutory limit on the amount in a civil case, and the court may reduce the damages proportionally based on contributory negligence. 9.3 Pre-judgment and Post-judgment Interest In Kuwait, a successful party in a civil lawsuit may be entitled to both pre-judgment and post- judgment interest, but each has its own set of parameters and considerations. Pre-judgment Interest • Parameters – Articles 241 and 245 of the Kuwaiti Civil Code (Law No 67 of 1980) contain provisions relating to pre-judgment interest. It begins to accrue on the date of default, which is the date on which the debtor is legally required to make the payment. This date can be determined by a contract or a court order. • Statutory limits – the Kuwaiti Civil Code does not specify a minimum interest rate for pre- judgment interest, but it does provide a maxi-
mum interest rate of 7.5% per year in Article 245 of the Code. The specific rate applied, however, may vary depending on the court’s discretion and the facts of the case. Post-judgment Interest • Parameters – Kuwaiti law allows for the accrual of post-judgment interest, but no specific interest rate is specified. The court has discretion in determining the rate, which is typically based on current interest rates in Kuwait and other relevant factors. • Statutory Limits – the Kuwaiti Civil Code con- tains no statutory limit on the interest rate for post-judgment interest. The court determines the rate. 9.4 Enforcement Mechanisms of a Domestic Judgment Domestic judgments are typically enforced in Kuwait through legal mechanisms aimed at compelling the losing party to satisfy the judg- ment. These mechanisms may entail judicial authorities assisting in ensuring that the judg- ment is carried out. Common mechanisms for enforcing domestic judgments include execution proceedings, asset seizure, wage garnishment, and court orders for compliance. Non-compli- ance may lead to imprisonment or compulsory execution. 9.5 Enforcement of a Judgment From a Foreign Country Enforcing a foreign judgment in Kuwait involves a specific legal process governed by the Kuwaiti legal system and international agreements, if applicable. Kuwait is a signatory to the Riyadh Arab Agreement for Judicial Cooperation, which can facilitate the enforcement of judgments from other member countries.
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