Kuwait Court of Cassation principle number 905

The administrative judiciary. Its jurisdiction over administrative contracts derives from the relationships they contain that belong to the spheres of public law. - Not all contracts concluded by the administration are administrative contracts. The consequence thereof. A contract that is not administrative is not subject to the jurisdiction of the administrative judiciary. - The Administrative Circuit. Has exclusive jurisdiction to hear disputes arising between administrative entities and the other contracting party in concession, public works and supply contracts and any other administrative contract. The enumeration of those matters in Article Two of Decree-Law 20 of 1981 is illustrative, not exhaustive. - Characterising a contract as an administrative contract. Its conditions. That one of its parties is a public juridical person contracting in its capacity as a public authority, that the contract relates to the activity of a public service for the purpose of operating or organising it, and that it is characterised by adopting the method of public law in the exceptional terms contained in these contracts. - Giving contracts concluded by the administrative entity their correct legal characterisation as administrative or civil contracts. Its criterion.