Kuwait Court of Cassation principle number 43

Recourse to the courts. A general right vested in everyone. The courts possess general judicial jurisdiction unless the Constitution or the law exceptionally provides for the jurisdiction of another body. The exception may not be interpreted expansively. - Law 38 of 1964 concerning labour in the private sector addressed the procedures for forming trade unions, their purposes, preparation of their statutes, determination of the powers of their boards of directors and general assemblies, and the manner and quorum for convening them, without designating a body other than the judiciary to determine disputes arising therefrom, and imposed no restriction on the right to bring an action directly before the courts. The statutes of a trade union established under the provisions of this Law may not establish a right that it has not conferred upon them. The implication. The contention, based on the statutes, that a request must be submitted to the board of directors to convene an extraordinary general assembly to consider the amendments made by the board before bringing the action. Inadmissible.