Kuwait Court of Cassation principle number 386

Recourse to the provisions of the general law. Permissible only in matters not regulated by the special law. - Conservatory arrest of a vessel. Bringing an action to validate the arrest and establish the right. The arrest report, upon service on the party subject to arrest, must contain a summons to appear before the Court of First Instance to hear judgment validating the arrest and establishing the right, whatever its value, contrary to the general rules of jurisdiction prescribed in Articles 34 and 45 of the Procedure Law. A hearing to consider the action must be fixed within a period not exceeding the fifteen days following the date of the arrest report. No extension for distance is added to this period. Article 78 of the Maritime Commercial Law. - An action to validate the arrest of a vessel. The summons to appear is the procedure by which the judicial claim commences and the means by which the court becomes seised of this action. Failure of the arrest report to contain this summons and failure to fix a hearing. The Maritime Commercial Law's lack of a statement of the resulting effect. Recourse must be had to the Procedure Law as the general law in this regard. Its effect. The arrest is deemed never to have occurred. Article 225 of the Procedure Law.