Kuwait Court of Cassation principle number 3065

The invalidity of a contract concluded by a non-Kuwaiti owing to the prohibition in the Commercial Code does not preclude him from claiming his rights on another legal basis. - The cause of action may be changed while retaining the subject matter of the original claim. - Invalidity extinguishes the contract with effect from the time of its conclusion. Every effect of its performance ceases if it has been performed. The implication thereof. Restoring everything to its original state and each contracting party recovering what he gave; if restitution in specie is impossible, equivalent performance may be awarded. - The expert's report is an item of evidence. It is subject to assessment by the court of merits. An example concerning guidance from the conclusions of the expert's report in assessing equivalent performance.