KUWAIT Law and Practice Contributed by: Dr Fawaz Alkhateeb, Taher Group Law Firm Co
The Kuwaiti court’s recognition of the foreign judgment provides the legal basis for enforc- ing the judgment in Kuwait. To enforce a foreign judgment in Kuwait, the process begins with seeking recognition of the judgment by filing a lawsuit in a Kuwaiti court. Along with the lawsuit, the judgment creditor must provide the Kuwaiti court with the follow- ing documentation: • the original or a certified copy of the foreign judgment; • an official translation of the judgment into Arabic; • evidence of the finality and authenticity of the foreign judgment; and • evidence that the judgment debtor (the party against whom the foreign judgment was issued) was properly served with notice of the foreign proceedings and had an opportunity to defend themselves. The court reviews the foreign judgment to ensure it meets legal criteria and, if recognised, speci- fies the enforcement measures to be taken. Once the foreign judgment is recognised in Kuwait, the judgment creditor can proceed with enforcement actions similar to those available for domestic judgments. These may include asset seizure, compulsory execution, or other means to satisfy the judgment. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation In Kuwait’s legal system, litigant parties have the option to appeal decisions made in lower courts. The appeal process allows for a review of judg- ments or decisions to ensure their correctness
and fairness. The appeal process involves three levels: • first instance court – the initial court where cases are heard, and judgments are made; • court of appeals – an intermediate appellate court for appealing first instance court deci- sions; and • Court of Cassation – the highest court, primarily concerned with matters of law, ensuring correct legal application. It does not re-evaluate facts but ensures uniform legal principles. 10.2 Rules Concerning Appeals of Judgments In Kuwait, judgment appeals are governed by the legal system and specific regulations that outline the conditions under which an appeal to a higher court may be granted. Depending on the type of case (civil, criminal, administrative, etc), the rules and procedures for appeals differ. Parties dissatisfied with lower court decisions must file an application within specified time- frames. Grounds for appeal include legal, proce- dural, or factual errors in the judgment. Appeals are reviewed by the Court of Appeals and, if necessary, the Court of Cassation, with a focus on legal issues. 10.3 Procedure for Taking an Appeal In Kuwait, the process of filing an appeal entails certain deadlines that could change depending on the kind of case and court level. What follows is a broad summary of the duration. • Submitting an application for appeal – the appellant has 15 to 30 days from the date of the lower court’s verdict to file an appeal application with the appropriate appellate court in order to begin an appeal.
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