Kuwait Court of Cassation principle number 2358

The plea that the action may not be heard because the distribution contract in dispute was not registered. A plea concerning procedure and not the substance of the right. The challenged judgment being confined to upholding this plea. Its quashing in cassation because the law does not require registration of this contract. The action must be remitted to the court of first instance because it has not exhausted its jurisdiction to examine the merits, in application of the principle of two-tier litigation, which relates to public policy.