Kuwait Court of Cassation principle number 2408

Judgments and orders issued in a foreign country. May be enforced in Kuwait under the same conditions prescribed in the law of that country for enforcement of judgments and orders issued in Kuwait. An application for an enforcement order is brought before the Court of First Instance in accordance with the ordinary procedures for bringing an action. Conditions verified before ordering enforcement. Their nature. - An application to enforce a judgment rendered in a foreign state. Is neither a level of litigation nor a challenge to that judgment. Consequence. The competent judicial authority in the state requested to enforce it may not re-examine the merits, and the enforcement applicant is not required to attach a certificate evidencing service upon the litigants before the body that rendered the judgment unless that judgment was rendered in absentia. - 402 - Civil Procedure - A foreign judgment or order. Among the conditions for its enforcement in Kuwait is that it contain nothing contrary to morals or public policy. The criterion in this regard is Kuwaiti law. Reason for this. - The obligation of the debtor of a commercial debt to pay statutory interest of 7% as compensation for delay. Condition for this. That the subject of this obligation be a sum of money of a known amount at the time the obligation arose. This relates to public policy. Article 110 of the Commercial Law. Example: concerning non-enforcement in the State of Kuwait of a judgment issued in the United Arab Emirates at annual interest of 9%, contrary to public policy. Effect of relinquishment of the judgment