Withdrawal of a Lawsuit and Settlement Under Kuwaiti Law
Learn about lawsuit withdrawal and settlement procedures in Kuwait, and how to protect your rights when deciding to end a dispute before the courts.
Filing a Case & Procedure · By Fahad Alhaddad Law Firm · Published 2026-09-28 · Updated 2026-09-28
Sometimes, a litigant considers ending a dispute through settlement preferable to continuing court proceedings. The law provides legal mechanisms to achieve this.
Settlement Before the Court
The parties may agree to settle at any stage of the proceedings. The settlement is recorded in the hearing minutes and endorsed with the enforcement formula.
The settlement agreement acquires the force of a court judgment and cannot be revoked once approved before the judge.
Withdrawal of a Lawsuit
Withdrawal is a unilateral decision by the claimant to end their lawsuit. It must be expressed clearly and directly before the judge or in a formal written submission.
Caution is needed: withdrawing a 'lawsuit' may differ from relinquishing the 'underlying right itself.' Make sure the withdrawal is worded precisely.
Safeguarding Your Rights When Settling
Do not sign an out-of-court settlement agreement without ensuring that it includes all your rights and the other party's obligations.
Make sure the agreement covers every aspect of the dispute to avoid future disputes over the same subject matter.
The Importance of Formally Recording a Settlement
A settlement that is not formally recorded may be easier to repudiate. Always request that the settlement be recorded in the hearing minutes to ensure it can be compulsorily enforced.
If there are monetary obligations or obligations to perform in kind, make sure there is a clause specifying precisely how those obligations are to be fulfilled.
Legal Guidance
Settlement requires legal and negotiation skills. Engaging a lawyer helps you negotiate the best terms and protect your rights when signing settlement agreements.
The law encourages settlement, so use this opportunity to end your dispute as quickly and at as little cost as possible.
Related guides
This article is general information, not legal advice, and does not replace consultation with a lawyer licensed in Kuwait. The official Arabic legal texts prevail over any English explanation.