Kuwait Court of Cassation principle number 396

Conservatory arrest of a ship. 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 to appear before the Court of First Instance to hear judgment validating the arrest and establishing the right, whatever its amount, contrary to the general jurisdictional rules provided for in Articles 34 and 45 of the Civil and Commercial Procedure Law. A hearing to consider the action must be scheduled within a period not exceeding the 15 days following the date of the arrest report. No extension for distance is added to this period. Article 78 of the Maritime Commercial Law. - An action to validate the arrest of a ship. The summons to appear is the procedure by which the judicial claim begins and the means by which the court becomes seised of this action. Failure of the arrest report to include this summons and failure to schedule a hearing. The Maritime Commercial Law’s omission to specify the consequence thereof. Recourse must be had to the Civil and Commercial Procedure Law as the general law in this regard. Its effect. The arrest is deemed never to have occurred. Article 225 of the Civil and Commercial Procedure Law.