Kuwait Court of Cassation principle number 697

Acts of sovereignty. Their nature. Their exclusion from the jurisdiction of the courts. Article 23 of the Judicial Organization Law. - Declaration of war and the resulting effects of military operations. Among acts of sovereignty. Exemption of the State from liability for acts it carries out by reason thereof, however great the damage thereby caused to individuals. - Decree-Law No. 2 A of 1990 concerning the Central Bank’s non-obligation to reimburse the value of banknotes stolen from its vaults during the occupation period, Decree-Law No. 5 of 1991 concerning currency and the Central Bank of Kuwait, and the Minister of Finance’s Decisions Nos. 1 A and 2 A of 1990 concerning banknotes and the integrity of the country’s currency. The objective of their issuance: protection of the public interest, the State’s economic system, and the integrity of banknotes. An act of sovereignty because they were issued by the State as a governing authority, not an administrative authority. Its effect. Their exclusion from judicial review. Example. - 490 - Civil Procedure 4- Exclusion of matters agreed to be arbitrated from the jurisdiction of the courts:-