Kuwait Court of Cassation principle number 609

Recourse to the provisions of the general law. Permissible only in matters not regulated by the special law. - Conservatory arrest of a ship. Bringing an action to validate the arrest and establish the right. The arrest report, when served on the person against whom the arrest is effected, must include a summons to appear before the Court of First Instance to hear judgment validating the arrest and establishing the right, whatever its amount, contrary to the general rules of jurisdiction prescribed in Articles 34 and 45 of the Code of Procedure. A hearing must be set for the action within a period not exceeding the fifteen days following the date of the arrest report. No extension for distance is added to that period. Article 78 of the Maritime Commercial Code. - An action to validate the arrest of a ship. The summons to appear is the procedure by which the judicial claim commences and the means by which the court becomes seized of that action. The arrest report's failure to contain this summons and the failure to set a hearing. The absence from the Maritime Commercial Code of a statement of the resulting effect. Recourse must be had to the Code of Procedure as the general law in this regard. Its effect: the arrest is deemed never to have occurred. Article 225 of the Code of Procedure. 21- In matters of public law and private law:-