Kuwait Court of Cassation principle number 3842

A judicial claim. A procedure directed to the court against the defendant, by which the scope of the action is defined for the litigants or the judge. The court’s obligation to adhere to that scope when deciding the action. - The appellant’s requests being confined to cancellation of the order affixing the executory formula to the arbitral award, without including a request to invalidate service of the arbitral award bearing the executory formula. Service of that award or a demand upon the party against whom it was rendered to perform is not a condition for issuing the order affixing the executory formula to it; rather, - 665 - Civil Procedure it is required as a preliminary step to enforcement after the order is issued. Its implication. No invalidity attaches to the order affixing the executory formula before service. - Enforcement of foreign arbitral awards:-