Kuwait Court of Cassation principle number 1315

Composition to avert the bankruptcy of customers whose debts were purchased pursuant to Law 41 of 1993. Its condition. Submission by the customer, whether debtor or guarantor, or by the Public Investment Authority, of an application therefor to the competent circuit of the Court of First Instance, which may rule either to continue considering the application for a declaration of bankruptcy or to approve the composition where its conditions are fulfilled and ratify it. The effect thereof. The effect of this judgment extends to those debtors or guarantors who were parties to the composition, to the exclusion of others who were not parties thereto, and the rule that a judgment ratifying the composition may not be appealed applies. Article 870 of the Commercial Law. The court’s exceeding the scope of this composition and extending its effects to persons who were not parties thereto. Its import. The portion in which it exceeded that scope falls outside the application of the foregoing rule, and its judgment may be challenged by the methods of appeal prescribed by law.