Kuwait Court of Cassation principle number 1791

The right to reactivate an action after its striking out. Available to both the claimant and the defendant. The condition thereof: the opposing party must be served with notice of the hearing scheduled before expiry of the period specified by the provision. Article 59 of the Law of Procedure. Failure thereof. Its effect: deeming the action as never having been brought if the opposing party so requests, without any discretion for the court in imposing this sanction. Applicability thereof to appeals.