Kuwait Court of Cassation principle number 658

Referral of the debtor to the Institution for Settlement of Transactions Relating to Company Shares Conducted on Deferred Terms without his matter being brought before the Bankruptcy Court. Its effect: his creditor's right to obtain a judgment for his debt. Stay of enforcement of the judgment until the debtor's matter is determined. Exceptions thereto. Law 100/1983 AD. The creditor's prior application to the Institution to establish his debts does not preclude his right to resort to the ordinary courts. The reason therefor. - The Bankruptcy Court's jurisdiction to adjudicate disputed debts. Its condition: referral of the debtor to it and its issuance of a judgment declaring him bankrupt. Article 21 of Law 75/1983. Jurisdiction to hear disputes concerning unregistered debts remains with the ordinary courts; this is unaffected by entrusting verification of debts to the Institution and its preparation of a report on the position of the person referred.