Kuwait Court of Cassation principle number 512

Judgments and orders issued in a foreign country. They may be enforced in Kuwait on the same conditions prescribed by that country's law for enforcement of judgments and orders issued in Kuwait. An application for an enforcement order is brought before the Court of First Instance in accordance with the ordinary procedures for bringing an action. The conditions verified before enforcement is ordered. Their nature. - An application to enforce a judgment issued in a foreign state. It is neither a level of litigation nor an appeal against that judgment. Its implication. The competent judicial authority in the state requested to enforce it may not re-examine the merits, and the enforcement applicant is not required to attach a certificate evidencing service on the parties - 447 - Civil Procedure before the body that issued the judgment unless that judgment was rendered in absentia. - A foreign judgment or order. Among the conditions for its enforcement in Kuwait is that it must not contain anything contrary to morals or public policy. The determining standard in this regard is Kuwaiti law. The reason therefor. - The obligation of the debtor under a commercial debt to pay statutory interest of 7% as compensation for delay. The criterion therefor. The subject of that obligation must be a sum of money of an amount known when the obligation arises. This concerns public policy. Article 110 of the Commercial Code. Example: concerning non-enforcement in the State of Kuwait of a judgment issued in the United Arab Emirates awarding annual interest of 9%, contrary to public policy.