Kuwait Court of Cassation principle number 1324

The Court of Cassation of its own motion, and each of the parties and the Public Prosecution, may raise grounds relating to public order even if they were not previously relied upon before the court of merits or in the appeal petition. The condition thereof. - Subject-matter jurisdiction. A matter relating to public order. It is deemed to be present and before the court of merits even if the parties do not raise it, and its judgment on the merits is deemed to include an implicit ruling that it has subject-matter jurisdiction. - A cassation appeal against the challenged judgment is deemed to extend to the implicit ruling on the issue of jurisdiction, whether or not the parties raised it and whether or not the Public Prosecution advanced it. - The criterion for determining the subject-matter jurisdiction of a judicial body is the claims advanced by the plaintiff in his action. - The Labour Circuit of the Court of First Instance. Its subject-matter jurisdiction to adjudicate labour disputes arising from the application of the provisions of laws enacted concerning labour and regulating the relationship between workers and employers - 627 - Civil Procedure in the private and oil business sectors. This concerns public order. An example concerning the Labour Circuit’s lack of jurisdiction over a claim for payment of entitlements in the mutual assistance fund.