Kuwait Court of Cassation principle number 1033

Procedural rules connected with judicial organization, including procedures for bringing and hearing actions before the courts and matters that interrupt the course of proceedings therein. Their subjection to the law of the country in which the action is brought or the procedures are conducted, and the application to them of the law of the judge before whom the dispute is presented. The reason therefor. - 197 - Procedure - The Civil and Commercial Procedure Law No. 38 of 1980, as amended by Law 36 of 2002, in what it regulates concerning the hearing of actions and matters that interrupt their course, is the general procedural law where no special procedural provision exists. Article fifteen of Decree-Law 20 of 1981 establishing a circuit at the Court of First Instance to hear administrative disputes, as amended by Law 61 of 1982, adheres to this principle. The necessity of referring to the general procedural law regulating this, namely the Civil and Commercial Procedure Law. The challenged judgment’s adherence to this view. Correct in law. This is not undermined by the appellant’s contention that comparative administrative jurisprudence has customarily not adopted the system of striking out administrative actions. The reason therefor: Kuwaiti jurisprudence has, since its inception, consistently applied the provisions of the Civil and Commercial Procedure Law concerning matters that interrupt the course of proceedings, pursuant to the express wording of Article (15) of the Decree establishing the Administrative Circuit.