Kuwait Court of Cassation principle number 2161

A lawyer's right to claim fees from his client in the absence of a document evidencing them. Becomes time-barred after 5 years from the date of completion of the work performed by the lawyer. Article 34 of Law 42 of 1964, as amended. The basis therefor. Presumption of payment. - A lawyer's right to claim his fees. An action thereon shall not be heard upon denial after the lapse of 5 years. This period runs from the time the lawyer completes his work, even if he continues to perform other services or work for his client. Articles 440 and 443 of the Civil Code. - Establishing the event from which limitation begins and assessing the existence or absence of an impediment suspending its running. Within the authority of the trial judge. Its condition. - An arbitration submission agreement. Does not in itself constitute a measure interrupting limitation. The exception. The debtor's acknowledgment therein of the creditor's right and the restriction of arbitration to the amount of the debt. The reason therefor. The debtor's express or implied acknowledgment of the debt interrupts limitation. An example. Limitation of current-account payments: