Kuwait Court of Cassation principle number 381

Issuance of the judgment terminating the proceedings. Its effect. The court must, of its own motion and without a request, order the unsuccessful party in the action to pay litigation costs and lawyers’ fees. - Liability for litigation costs. Does not concern public order. The effect thereof. The parties may agree that the successful party shall bear its costs, and the court is bound thereby. Its contravention thereof vitiates its judgment and requires its partial cassation.