المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Pleadings — Part One

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,422 available principles

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  1. الأصل أن الولاية العامة للمحاكم عدا ما استثنى

    Principle 657Referral of the debtor to the Forward Share Transactions Institution does not prevent his creditors with debts unrelated to forward share transactions from resorting to the ordinary courts to obtain judgments for those dPleadings — Part One · Source page ٤٨١
  2. Principle 658Referral 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 rigPleadings — Part One · Source page ٤٨١
  3. Principle 659An arbitrators’ award is a judicial act of a special nature in which the award derives its authority from the agreement to submit it to arbitration. The effect thereof. Arbitration is confined to what the arbitrators intPleadings — Part One · Source page ٤٨١
  4. Principle 660Judicial authority belongs, as a general rule, to the ordinary judiciary. The Committee for Objections to Expropriation. Its jurisdiction is exceptional and must be confined to its limited scope. A dispute concerning thePleadings — Part One · Source page ٤٨١
  5. Principle 661General jurisdiction to adjudicate all personal status disputes, civil and commercial matters and crimes belongs to the courts, except as excluded by a special provision.Pleadings — Part One · Source page ٤٨٢
  6. Principle 662A litigant’s recourse to the courts in a matter agreed to be controlled constitutes a violation of the rules of functional jurisdiction. Jurisdiction in this respect does not concern public order. The effect thereof. ThePleadings — Part One · Source page ٤٨٢
  7. Principle 663The jurisdiction of the courts derives from agreement. Effect thereof. The subject matter must be specified in the submission agreement and that specification adhered to, and the rule that the judge of the principal mattPleadings — Part One · Source page ٤٨٢
  8. Principle 664The independence of the suretyship contract from the original debt contract in its parties and subject matter. The effect thereof. The inapplicability of the arbitration clause contained in the latter contract to the surPleadings — Part One · Source page ٤٨٢
  9. Principle 665The courts possess general jurisdiction to adjudicate disputes relating to personal status and civil and commercial matters and to hear all crimes, except those excluded by a special provision. The basis thereof.Pleadings — Part One · Source page ٤٨٢
  10. Principle 666The air transport market and its persons. What is meant thereby. - The competent minister may impose fines on violators of Articles 13, 14, 15, 16 of Law 31 of 1987 concerning the regulation of this market. What Article Pleadings — Part One · Source page ٤٨٢
  11. Principle 668Jurisdiction of the courts. Encompasses adjudication of all disputes in all their civil, commercial and administrative forms and personal status matters. Distribution of jurisdiction among these courts according to the tPleadings — Part One · Source page ٤٨٣
  12. Principle 670Decisions issued concerning the residence and deportation of persons who do not hold Kuwaiti nationality. The Administrative Circuit of the Court of First Instance lacks jurisdiction to hear them. Its effect. The ordinarPleadings — Part One · Source page ٤٨٣
  13. Principle 671The right of litigation is guaranteed to all people. Consequence thereof. - Administrative acts and decisions. The rule is their subjection to judicial review and the prohibition on immunizing them from such review. The Pleadings — Part One · Source page ٤٨٣
  14. Principle 673Recourse to the judiciary. A general right vested in everyone. The courts possess general judicial jurisdiction. Unless the Constitution or the law exceptionally provides for the jurisdiction of another body. The exceptiPleadings — Part One · Source page ٤٨٤
  15. Principle 674The ordinary judiciary possesses general jurisdiction to hear civil and commercial disputes. Restriction of this jurisdiction. An exception that must not be interpreted expansively.Pleadings — Part One · Source page ٤٨٤
  16. Principle 675The courts possess general judicial jurisdiction. Their jurisdiction to adjudicate all disputes unless jurisdiction to adjudicate them is vested by a special provision exclusively in another body or they constitute acts Pleadings — Part One · Source page ٤٨٤
  17. Principle 676The absence of any provision in the Constitution, Law No. 23 of 1968 concerning the Police Force System, or Decree-Law No. 136 of 1992 promulgating the Military Trials and Penalties Law assigning particular courts to detPleadings — Part One · Source page ٤٨٤
  18. Principle 677Acts of sovereignty. Their nature. - Nationality in the State of Kuwait. Its political character, dictated by special considerations relating to the entity of the State - 484 - Procedure and, as such, it is considered anPleadings — Part One · Source page ٤٨٤
  19. Principle 678The ordinary judiciary is the default repository of judicial authority. Anything else is an exception that may not extend beyond the sphere delineated for its jurisdiction under the law conferring it. What counts in detePleadings — Part One · Source page ٤٨٥
  20. Principle 679The courts possess general jurisdiction to hear and determine all disputes. Only matters excepted by a special provision fall outside their jurisdiction in that regard. The criterion for determining the jurisdiction of tPleadings — Part One · Source page ٤٨٥
  21. Principle 680The non-existence of a judgment. Its condition. Where a plea is made before a judge of the ordinary judiciary that the court lacks jurisdiction because of an arbitration clause, and the judge proceeds to adjudicate it, tPleadings — Part One · Source page ٤٨٥
  22. Principle 681A party’s resort to the courts in a matter agreed to be arbitrated. Its lack of connection with public policy. Effect thereof. Forfeiture of the right thereto if raised after addressing the merits. - 485 - Procedure - AdPleadings — Part One · Source page ٤٨٥
  23. Principle 682Arbitration is a judicial act of a special nature. Arbitration is confined to what the parties to arbitration intend to submit to the arbitral tribunal. - Arbitration. Its condition. The subject matter of arbitration musPleadings — Part One · Source page ٤٨٦
  24. Principle 683Arbitration is a judicial act of a special nature. Its basis is that the arbitrator derives authority not from the law but from the parties’ agreement to submit to that arbitrator. - Arbitration is an exceptional means oPleadings — Part One · Source page ٤٨٦
  25. Principle 684The right of recourse to the courts. It is established for all people in defense of their rights. - The courts possess jurisdiction to determine all disputes. The exception: the Constitution or the law vests jurisdictionPleadings — Part One · Source page ٤٨٦

  26. تعلق الدفع بعدم الاختصاص بالنظام العام

    Principle 685Arbitration is an exceptional means of resolving disputes. The jurisdiction of the arbitral body to hear the dispute rests fundamentally on the rule of law but is founded directly on the parties’ agreement. Its restrictiPleadings — Part One · Source page ٤٨٧

  27. خروج أعمال السيادة عن ولاية المحاكم

    Principle 688The principle in litigation is that it proceeds at two levels. The exception: considerations assessed by the legislature on the basis of the suitability of the court to which it assigned jurisdiction to hear the action tPleadings — Part One · Source page ٤٨٨
  28. Principle 689Acts of sovereignty are those undertaken by the government motivated by considerations relating to the State’s high policy, in its capacity as a governing authority, not an administrative authority. All fall outside the Pleadings — Part One · Source page ٤٨٨
  29. Principle 690The general rule is that the courts possess general judicial jurisdiction and are therefore competent to determine all civil and commercial disputes, except those excluded by a special provision in the Constitution or thPleadings — Part One · Source page ٤٨٨
  30. Principle 691Law 23 of 1990 concerning the Organization of the Judiciary contains no definition or specification of acts of sovereignty. The effect thereof. The courts have jurisdiction to determine the legal characterization of an aPleadings — Part One · Source page ٤٨٨
  31. Principle 692The prohibition on courts examining acts of sovereignty. The scope of this prohibition. Claims arising concerning them, and they entail no liability on the part of the State or right for third parties, however great the Pleadings — Part One · Source page ٤٨٩
  32. Principle 693Acts of sovereignty which the courts lack jurisdiction to hear. Determining their nature. Left to the judiciary. - Acts of sovereignty emanate from the government in its capacity as a governing authority, not in its capaPleadings — Part One · Source page ٤٨٩
  33. Principle 694Acts of sovereignty which the courts are prohibited from hearing. The legislature's failure to define or delimit them. This means that the courts may determine the legal characterization of an act issued by the governmenPleadings — Part One · Source page ٤٨٩
  34. Principle 695Acts of sovereignty. Courts may not examine them. Article 2 of the Judicial Organization Law No. 23 of 1990, as amended. - Acts of sovereignty. Their meaning. Acts emanating from the government as a governing authority, Pleadings — Part One · Source page ٤٩٠
  35. Principle 696Acts of sovereignty. The elements distinguishing them from ordinary administrative acts. Their nature. - A worker’s request to transfer sponsorship to another sponsor because the employment relationship with the first haPleadings — Part One · Source page ٤٩٠

  36. خروج المسائل التي اتفق على التحكيم بشأنها عن ولاية المحاكم

    Principle 697Acts 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 soPleadings — Part One · Source page ٤٩٠
  37. Principle 698The judgment’s basing its ruling of lack of jurisdiction on adherence to the arbitration clause contained in the contract. No defect.Pleadings — Part One · Source page ٤٩١
  38. Principle 699A plea of lack of functional jurisdiction where a litigant resorts to the courts in a matter agreed to be arbitrated. It does not concern public policy. The effect thereof. The right to raise it lapses if it is raised afPleadings — Part One · Source page ٤٩١
  39. Principle 700The plea of lack of jurisdiction owing to the existence of an arbitration clause. Not a matter of public policy. It must be raised before addressing the merits, otherwise the right to invoke it lapses. - Addressing the mPleadings — Part One · Source page ٤٩١
  40. Principle 702Judgments issued during the course of an action that do not terminate the proceedings. The rule. They may not be appealed independently. The exception: provisional and urgent judgments, judgments staying the action, and Pleadings — Part One · Source page ٤٩١
  41. Principle 703The arbitral body competent to hear the dispute. Its jurisdiction encompasses preliminary issues unless otherwise provided by law.Pleadings — Part One · Source page ٤٩١
  42. Principle 704A litigant’s resort in a matter in which arbitration was agreed is regarded as a violation of the rules of functional jurisdiction. - 491 - Civil Procedure.Pleadings — Part One · Source page ٤٩١
  43. Principle 705A request to remove a partner and substitute another in his place in a dispute arising from the performance of a company contract containing an arbitration clause. The courts lack jurisdiction to hear it. This is not affPleadings — Part One · Source page ٤٩٢
  44. Principle 706Recourse to the judiciary in a matter agreed to be submitted to arbitration. A violation of the rules of functional jurisdiction. This jurisdiction is not a matter of public policy. The reason therefor. - Addressing the Pleadings — Part One · Source page ٤٩٢
  45. Principle 707Legal rules considered matters of public policy. Their nature and what is required of the legal provisions establishing them. Example. - A request by a debtor subject to Law 41 of 1993 for permission to sell the bonds plPleadings — Part One · Source page ٤٩٢
  46. Principle 708A plea of lack of jurisdiction in disputes agreed to be arbitrated. It does not concern public order. The consequences of this plea. The right to raise it lapses if it is raised by not addressing the merits. - AddressingPleadings — Part One · Source page
  47. Principle 709Arbitration is a contract formed by offer and acceptance. Writing is a requirement for proof, not formation. - The consent of the two parties to the dispute to submit it to an arbitrator instead of the competent court. TPleadings — Part One · Source page
  48. Principle 710The arbitrator derives his authority from the parties’ agreement to appoint him as arbitrator. Necessary consequence thereof. Where the arbitration agreement is contained in a contract concluded by a person as representaPleadings — Part One · Source page
  49. Principle 711A litigant's recourse to the courts in a matter agreed to be subject to arbitration. A violation of the rules of functional jurisdiction. This does not concern public policy. - A plea of lack of jurisdiction not concerniPleadings — Part One · Source page
  50. Principle 712A litigant’s resort to the courts in a matter in respect of which arbitration was agreed. A violation of the rules of functional jurisdiction. This does not concern public policy. The effect thereof. The plea of lack of Pleadings — Part One · Source page
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