Kuwait Court of Cassation principle number 4449

Appeal by cassation against judgments issued by the Court of Appeal. Permissible irrespective of the subject matter in which the challenged judgment was rendered, where based on a violation of law or an error in its application or interpretation, or where nullity occurred in the judgment or the proceedings and affected the judgment. Exception: litigants may challenge by the same route any final judgment, regardless of the court that issued it, if it determined a dispute contrary to another judgment previously issued between the same parties and having acquired the force of res judicata. The challenge being directed against the challenged judgment issued by the Court of Appeal and not against the decision of the Arbitration Committee of the Kuwait Stock Exchange. Permissible. The plea that it may not be heard. Incorrect.