Civil Procedure Code at Kuwait
Kuwait's civil litigation framework is governed by Decree-Law No. 38 of 1980, known as the Civil and Commercial Procedure Law. This comprehensive statute outlines the procedures for initiating, conducting, and concluding civil and commercial cases in Kuwaiti courts. (Kuwaiti Arbitration Law, Civil and Commercial Procedure Law No. 38 of 1980)
⚖️ Key Features of Kuwait's Civil and Commercial Procedure Law
1. Initiation of Proceedings
Statement of Claim: To commence a civil or commercial action, the plaintiff must file a Statement of Claim with the court. This document must include the names of the parties, the nature of the claim, and the relief sought.
Service of Process: Once the Statement of Claim is filed, it must be served on the defendant. Methods of service include personal delivery, postal service, or publication if the defendant cannot be located. Proper service is crucial for the court to have jurisdiction over the defendant. (Kuwait Civil and Commercial Procedure Code)
2. Pleadings and Defense
Defendant's Response: The defendant is required to file a Statement of Defense within a specified period after being served. This document addresses the allegations made in the Statement of Claim and may include counterclaims or jurisdictional objections.
Preliminary Objections: Before addressing the merits of the case, the defendant may raise preliminary objections, such as lack of jurisdiction or improper service. These objections must be resolved before proceeding to the substantive issues.
3. Evidence and Expert Testimony
Burden of Proof: The plaintiff bears the burden of proving the allegations made in the Statement of Claim. The defendant may rebut these allegations with evidence.
Expert Witnesses: In cases requiring specialized knowledge, the court may appoint expert witnesses to provide technical or scientific opinions. The parties may also propose their own experts, subject to the court's approval.
4. Judgments and Appeals
Court of First Instance: The initial judgment is rendered by the Court of First Instance. If either party is dissatisfied with the decision, they may appeal to the Court of Appeal.
Court of Appeal: The Court of Appeal reviews the case and may uphold, modify, or overturn the lower court's decision.
Court of Cassation: The highest court in Kuwait, the Court of Cassation, hears appeals on points of law. It does not re-examine factual issues but ensures that the law has been correctly applied. (Code of Civil Procedure in Kuwait)
5. Enforcement of Judgments
Execution of Judgments: Once a final judgment is rendered, the prevailing party may seek its enforcement. This may involve measures such as garnishment of wages, seizure of assets, or other legal actions to compel compliance.
Arbitration: Kuwait recognizes and enforces arbitral awards, provided they comply with the requirements set forth in the law. Arbitration is often used for commercial disputes as an alternative to court proceedings.
🧾 Recent Amendments
The Civil and Commercial Procedure Law has undergone several amendments to address evolving legal and commercial needs: (Kuwait Law No. 9/2020 - Amending some provisions of Kuwait Decree-Law No. 38/1980 on the issuance of the Civil and Commercial Procedure Law [Lexis® Middle East])
Law No. 9/2020: Amended provisions related to the issuance of the Civil and Commercial Procedure Law. (Kuwait Law No. 9/2020 - Amending some provisions of Kuwait Decree-Law No. 38/1980 on the issuance of the Civil and Commercial Procedure Law [Lexis® Middle East])
Law No. 38/2007: Introduced changes to enhance the efficiency of civil and commercial proceedings.
Law No. 6/2025: Further amended certain provisions to improve the procedural framework.
📚 Accessing the Full Text
The full text of the Civil and Commercial Procedure Law and its amendments can be accessed through legal databases such as Lexis Middle East and Undisputed Legal. (Kuwait Decree-Law No. 38/1980 - Promulgating the Law of Civil and Commercial Procedures - Civil and Commercial Procedure Law [Lexis® Middle East])
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