Kuwait Court of Cassation principle number 3358

Engaging in commerce is prohibited for a non-Kuwaiti unless he has a Kuwaiti partner or partners whose capital is not less than 51%. Article 23/1 of the Commercial Code. - The Economic Agreement between the Gulf Cooperation Council States, approved by the State of Kuwait pursuant to Law 5 of 2003 and effective from the date of its publication in the Official Gazette on 24/2/2003. Its implication. Nationals of the Council are accorded uniform treatment in the economic field in any member state, without differentiation or discrimination. The effect of this. Priority of application of the provisions of this Agreement where they conflict with the domestic laws and regulations of member states. - Commercial activity consisting of concluding a lease contract between a Kuwaiti and a national of a Gulf Cooperation Council state after the effective date of the Economic Agreement. The provisions of Article 23 of the Commercial Code do not apply to it. Its effect. No nullity.