Kuwait Court of Cassation principle number 911

Recourse to the courts. A general right vested in everyone. The courts possess general judicial jurisdiction, unless the Constitution or the law provides, by way of exception, for the jurisdiction of another body. An exception may not be interpreted expansively. - Law No. 38 of 1964 concerning Labour in the Private Sector(*) addressed the procedures for forming trade unions, their purposes, the preparation of their bylaws, and the determination of the powers of their boards of directors and general assemblies and the manner and quorum of their meetings, without designating a body other than the judiciary to adjudicate disputes arising therefrom, and imposed no restriction on the right to bring an action directly before the courts. The bylaws of a trade union established pursuant to this Law may not establish a right that it has not conferred upon them. Its implication. The ground of challenge asserting that an application must be submitted to the board of directors to convene an extraordinary general assembly to consider the amendments made by the board before bringing the action, in reliance on the bylaws. Inadmissible.