Kuwait Court of Cassation principle number 1501

The administrative judiciary. Its jurisdiction over administrative contracts derives from the relationships they contain that fall within the domains of public law. - Not all contracts concluded by the administration are administrative contracts. Its implication: what is not an administrative contract is not subject to the jurisdiction of the administrative judiciary. - The Administrative Circuit has exclusive jurisdiction to hear disputes arising between administrative entities and the other contracting party in concession, public works and supply contracts and any other administrative contract. The enumeration of those matters in Article 2 of Decree-Law 20 of 1981 is illustrative, not exhaustive. - Classification of a contract as an administrative contract. Its conditions: one party must be a public juridical person contracting as a public authority; the contract must relate to the activity of a public service with the intention of operating or organizing it; and it must be characterized by the adoption of public-law methods through the exceptional terms contained in such contracts. - Giving contracts concluded by the administrative authority their correct legal characterization as administrative or civil contracts. Criterion therefor.