Kuwait Court of Cassation principle number 381

Recourse to the provisions of the general law. Is permissible only regarding matters not regulated by the special law. - Conservatory arrest of a ship. Bringing an action to validate the arrest and establish the right. The arrest report, when served on the party whose property is arrested, must include a summons to appear before the Court of First Instance to hear judgment validating the arrest and establishing the right, whatever its amount, contrary to the general rules of jurisdiction stipulated in Articles 34 and 45 of the Procedural Law. A hearing to consider the action must be scheduled within a period not exceeding the fifteen days following the date of the arrest report. No distance allowance is added to this period. Article 78 of the Maritime Commerce Law. - An action to validate the arrest of a ship. The summons to appear is the procedure initiating the judicial claim and the means by which the court becomes seised of this action. The arrest report's failure to include this summons and the failure to schedule a hearing. The Maritime Commerce Law does not state the resulting effect. Recourse must be had to the Procedural Law as the general law in this regard. Its effect. The arrest is deemed never to have occurred. Article 225 of the Procedural Law.