Kuwait Court of Cassation principle number 1747

The Civil Procedure Law. Its application to circumstances in which a judge is disqualified from hearing the case, circumstances in which his recusal may be sought, and recusal procedures. Article 173 of the Procedure Law. - If the judge has given an opinion in the case, pleaded for a party, or written concerning it—even before entering the judiciary—or has previously heard the case—as a judge, expert, or arbitrator—or given testimony in it, his acts and judgment are invalid even if no party seeks his recusal. Article 102/f of the Civil and Commercial Procedure Law. The reason for this. - The judge's participation in the decision issued against the appellant by the Lawyers' Disciplinary Committee, in his capacity as a judicial receiver, declaring lack of jurisdiction—without examining the merits—does not constitute a ground of disqualification when hearing the grievance against the Public Prosecution's decision to close the investigation concerning the appellant, by revoking it and returning the papers to the Public Prosecution, and does not invalidate the procedures instituting the proceedings or the judgment issued in the criminal case.