Kuwait Court of Cassation principle number 265

Nullity of a contract concluded by a non-Kuwaiti owing to the prohibition in the Commercial Code does not prevent him from claiming his rights on another legal basis. - The ground may be changed while retaining the subject matter of the original claim. - Nullity extinguishes the contract retroactively to the time of its conclusion. Every effect of its performance ceases if it has been performed. This entails. Restoring everything to its original state and each contracting party recovering what he gave. If restitution in kind is impossible. Equivalent performance may be awarded. - The expert's report is an item of evidence. It is subject to the assessment of the court of merits. An example concerning guidance drawn from the conclusions of the expert's report in assessing equivalent performance.