Kuwait Court of Cassation principle number 3613

Assessment of a litigant's request to refer the assignment back to the expert. For the court of merits. Where the request entails enabling him to prove or disprove a material defense, this means is productive in the dispute, and the papers of the action or the evidence presented therein are insufficient to decide it. The effect: the court must grant this request. Its rejection of the request for referral back to the expert, reliance on his report, and adoption of it as the basis for deciding the action, where its reasons do not lead to the conclusion reached or do not constitute a proper response to that defense. Renders the judgment defective for insufficient reasoning and requires its cassation. 27- Its authority regarding the defense in the action:-