Kuwait Court of Cassation principle number 596

Judgments and orders issued in a foreign country. They may be enforced in Kuwait under the same conditions prescribed by that country's law for enforcing judgments and orders issued in Kuwait. An application for an enforcement order is brought before the Court of First Instance in accordance with the usual procedures for bringing an action. The conditions to be verified before enforcement is ordered. What they are. - An application to enforce a judgment issued in a foreign State. It is neither a level of litigation nor an appeal against that judgment. The import. The competent judicial authority in the State requested to enforce it may not re-examine the merits, and the applicant for enforcement is not required to attach a certificate evidencing service on the parties before the authority that issued the judgment unless that judgment was rendered in absentia. - A foreign judgment or order. Among the conditions for its enforcement in Kuwait is that it contain nothing contrary to morals or public policy. Kuwaiti law is the criterion in this regard. The reason for this. - The obligation of the debtor of a commercial debt to pay statutory interest of 7% as compensation for delay. The condition for this. The subject matter of that obligation must be a sum of money whose amount was known when the obligation arose. This relates to public policy. Article 110, Commercial Law. An example: concerning non-enforcement in the State of Kuwait of a judgment issued in the United Arab Emirates with annual interest of 9%, contrary to public policy. Public international law: