Kuwait Court of Cassation principle number 2615

An advocate's right to claim fees from his client in the absence of an instrument recording them. Its extinguishment upon the lapse of five years from the date of completion of the work performed by the advocate. Article 34 of Law 42 of 1964, as amended. Basis thereof. Presumption of payment. - An advocate's right to claim his fees. An action therefor shall not be heard, upon denial, after five years. This period runs from the time the advocate completes his work, even if he continues to perform other services or work for his client. Articles 440 and 443 of the Civil Code. - Ascertaining the event from which limitation commences and assessing whether an impediment suspending its running exists or not. Within the authority of the judge of merits. Its condition. - An arbitration submission agreement. Does not in itself constitute a measure interrupting limitation. Exception. The debtor's acknowledgment therein of the creditor's right and the limitation of arbitration to the amount of the debt. Rationale. The debtor's express or implied acknowledgment of the debt - 494 - Procedure interrupts limitation. Example.