Kuwait Court of Cassation principle number 2469

Recourse to the provisions of the general law. Is permissible only in respect of matters not regulated by the special law. - Conservatory arrest of a vessel. Bringing an action to validate the arrest and establish the right. The arrest report, when served on the party whose property is arrested, must include a summons requiring him to appear before the Court of First Instance to hear judgment validating the arrest and establishing the right, irrespective of its amount, contrary to the general rules of jurisdiction prescribed in Articles 34 and 45 of the Civil Procedure Code. A hearing must be scheduled for the action within a period not exceeding the fifteen days following the date of the arrest report. No extension for distance is added to this period. Article 78 of the Maritime Commercial Code. - An action to validate the arrest of a vessel. The summons to appear is the procedure by which the judicial claim begins and the means by which the court becomes seized of this action. Failure of the arrest report to include this summons and failure to schedule a hearing. The Maritime Commercial Code's silence as to the consequence thereof. Recourse must be had to the Civil Procedure Code as the general law in this regard. Its effect. The arrest is deemed never to have occurred. Article 225 of the Civil Procedure Code.