Kuwait Court of Cassation principle number 2747

The circuit constituted at the Court of First Instance pursuant to Decree-Law 42 of 1988 concerning the liquidation of situations arising from forward share transactions. It has jurisdiction only over matters formerly within the jurisdiction of the arbitration panel, which is subject-matter jurisdiction concerning public policy. The consequence thereof. The finality of judgments rendered therein attaches only to those it renders within the limits of this jurisdiction. Exceeding this scope. Its effect. Its judgment is appealable. - Disputes relating to transactions in company shares conducted on a forward basis. Their nature. - An action brought by a person subject to receivership demanding that the receiver submit a statement of account of his activities. It is not considered among the claims arising from transactions relating to company shares conducted on a forward basis. The reason therefor. Bringing that action before the Public Debts Circuit and the court of first instance proceeding to determine it. The judgment rendered by it. It may be appealed because it exceeded the limits of its exceptional jurisdiction. The challenged judgment departing from this view and ruling that the appeal is inadmissible. An error in applying the law necessitating its cassation. - 466 - Civil and Commercial Procedure