Kuwait Court of Cassation principle number 2402

Res judicata authority. Its distinction from affixing the executory formula to a judgment, each having its own sphere. - Affixing the executory formula to a judgment. It has only provisional authority consistent with the nature of the application made by the litigant. It does not affect the substance of the right claimed or the authority of the judgment issued thereon. Its implication. Rejection by the judge of provisional matters of the application for an enforcement order does not constitute disregard of the judgment's authority. - Judgments issued on procedural matters and in the action's existing state. They do not acquire res judicata authority because they are confined to that state. The action may be brought anew after that matter has been fulfilled. - A ruling on an application for a stay of enforcement. A provisional ruling that does not acquire res judicata authority. - Examination by the president of the court competent to issue the enforcement order of the award to which the executory formula is to be affixed and of the arbitration agreement to supervise the arbitrator's work. Necessary before issuing the order to ascertain the absence of impediments to enforcement, including the validity of that agreement and the litigants' capacity, without touching the substance of the right, in his capacity as a judge of provisional matters. The apparent circumstances disclosing the existence of an impediment leading to nullity of the arbitration agreement or the absence of capacity in any of its signatories. He must refrain from affixing the executory formula to the award and issue his refusal order of his own motion, without examining the validity - 400 - Procedure of the award or the extent of its conformity with the law. This is not altered by the fact that the violation does not concern public policy. - Refusal of the order to affix the executory formula to the award. The judge may give reasons for it. The basis for this: the absence of a requirement to state the reasons on which an order on petition was based does not prevent their being stated so that the litigant may be reassured of its soundness.