Kuwait Court of Cassation principle number 639

Application of the theory of unforeseen circumstances to the performance of an administrative contract. Its condition. An unforeseen circumstance must occur during performance, be beyond the contracting parties’ control, be unforeseeable to them, and cause a serious disruption of the economics of the contract. - Determining the extent to which the conditions for applying the theory of unforeseen circumstances are satisfied. A matter of fact for the court of merits. Its condition. - 170 - Administrative