Kuwait Court of Cassation principle number 2811

Settlement. Its effect: Resolution of the disputes it addresses, definitive extinction of the claims relinquished by the contracting parties, and the impermissibility of renewing them or proceeding with the action brought in respect of them. The condition thereof: That no judgment has been rendered entailing the extinguishment of the settlement agreement. - The appellant's insistence before the Court of Appeal—on what she had previously submitted before the court of first instance—that the settlement was not completed because the respondent did not perform his obligations under the settlement agreement, and that she had brought an action for rescission of the settlement agreement which had not yet been determined, and submitted a copy of its statement of claim as evidence thereof. A material defence. The judgment's omission to respond to it. A deficiency requiring its cassation.