Kuwait Court of Cassation principle number 4018

Conservatory arrest of a vessel. Bringing an action to validate the arrest and establish the right. The arrest report, when served upon the person against whom arrest is effected, must contain a summons to appear before the Court of First Instance to hear judgment validating the arrest and establishing the right, whatever its amount, contrary to the general rules of jurisdiction provided for in Articles 34 and 45 of the Law of Procedure. A hearing to consider the action must be fixed within a period not exceeding the fifteen days following the date of the arrest report. No allowance for distance is added to this period. Article 78 of the Maritime Commerce Law. - An action to validate the arrest of a vessel. The summons to appear is the procedure by which the judicial claim commences and the means by which the court becomes seised of this action. Failure of the arrest report to contain this summons and failure to fix a hearing. The Maritime Commerce Law's lack of a statement of the resulting effect. Recourse must be had to the Law of Procedure as the general law in this respect. Its effect. The arrest is deemed never to have occurred. Article 225 of the Law of Procedure. - 702 - Procedure