Kuwait Court of Cassation principle number 389

Procedural rules relating to judicial organization, including procedures for instituting and hearing actions before the courts and matters that impede the course of proceedings therein. They are subject to the law of the country in which the action is instituted or the procedures are conducted, and the law of the judge before whom the dispute is brought applies to them. The rationale therefor. - The Civil and Commercial Procedure Law No. 38 of 1980, as amended by Law 36 of 2002, in its regulation of the hearing of actions and matters impeding their progress, is the general procedural law wherever no special procedural provision exists. Article fifteen of Decree-Law 20 of 1981 establishing a circuit at the Court of First Instance to hear administrative disputes, as amended by Law 61 of 1982, adheres to this principle. Recourse must be had to the general procedural law regulating this, namely the Civil and Commercial Procedure Law. The challenged judgment’s adherence to this view. Correct in law. This is not affected by the appellant’s contention that comparative administrative jurisprudence has customarily declined to adopt the system of striking out administrative actions. The reason: Kuwaiti jurisprudence has, since its inception, consistently applied the provisions of the Civil and Commercial Procedure Law concerning matters impeding the course of proceedings, pursuant to the express wording of Article (15) of the Decree establishing the Administrative Circuit.