Kuwait Court of Cassation principle number 1481

Filing the statement of claim. A condition for commencing litigation. Its constitution depends on service thereof. The reason therefor. Giving effect to the principle of confrontation between the parties. Its consequence: achieving such confrontation without service. Sufficient for its constitution. The basis thereof. - Absence of harm if the purpose is achieved through a valid or defective procedure, or without a procedure. Its consequence: nullity may not be declared. Example of not ruling that an action is deemed never to have existed for failure to serve its statement of claim within ninety days, because the parties appeared before the court and submitted a memorandum of their defence. Fifth: Service of memoranda and documents:-