Kuwait Court of Cassation principle number 2407

Permissibility of ordering enforcement of a foreign judgment having the force of res judicata, rendered by a competent court having jurisdiction to render it under the law of the country in which the action was brought, where the litigants were properly represented. Its condition. The judgment must not conflict with a judgment or order previously issued by a court in Kuwait, must contain nothing contrary to morals or public policy, and must be final and not subject to challenge by an ordinary avenue of challenge. It need not be irrevocable. Article 199, Civil Procedure. - Submission by the applicant for enforcement of documents evidencing the issuance of the foreign judgment. Effect thereof. Establishment of a rebuttable presumption in his favour that this judgment is enforceable. Negation of this presumption. Its condition. The opposing party seeking to avert enforcement must submit material rebutting this presumption by proving that the judgment is no longer binding, has been quashed, or its enforcement has been stayed by a competent court under the law of the country in which it was rendered. - The challenged judgment's refusal of the application to stay consideration of the appeal pending determination of the cassation challenge against the judgment sought to be endorsed with the executory formula, on the ground that cassation is an extraordinary avenue corresponding to cassation in the State of Kuwait and does not satisfy the conditions for a stay pending determination of another matter, and, moreover, that the judgment became final by virtue of the appellate judgment and Kuwaiti law does not require it to be irrevocable for endorsement with the executory formula. Sound reasons supported by the case papers.