Kuwait Court of Cassation principle number 1528

Disqualification of a judge from hearing an action that he previously heard as a judge, expert or arbitrator, or in which he gave testimony. Its condition. The subject matter of the action with which he was involved in that capacity must be the same as that presented to him. A difference between the two subject matters does not constitute a ground for disqualification, even if there is similarity or connection between the two actions. - Prohibition on rehearing the dispute concerning the issue adjudicated upon. Its condition. - Identity of the fundamental issue finally adjudicated upon. When it exists. - 665 - Civil Procedure - Existence of the elements of res judicata in the judge's previous opinion in the first action. Its effect. The judge does not lose his qualification to hear the subsequent action.