Kuwait Court of Cassation principle number 753

Subject-matter jurisdiction. A matter pertaining to public policy. It is deemed to subsist and to be before the court of merits even if the litigants do not plead it, and its judgment on the merits is deemed to include an implicit ruling that it has subject-matter jurisdiction. - An appeal in cassation against the challenged judgment is deemed to encompass the implicit ruling on jurisdiction, whether or not the litigants raised it and whether or not the Public Prosecution presented it. - The criterion for determining the subject-matter jurisdiction of the judicial body is the relief sought by the claimant in his action. - The Labour Circuit of the Court of First Instance. Its subject-matter jurisdiction to determine labour disputes arising from application of the provisions of laws enacted concerning labour and regulating the relationship between workers and employers in the private and oil business sectors. This pertains to public policy. Example concerning the Labour Circuit’s lack of jurisdiction over a claim for payment of entitlements in the Mutual Assistance Fund. - 502 - Procedure