Kuwait Court of Cassation principle number 4399

Costs of the action. Borne by the losing party. The exception. Ordering the successful party to bear all or part of them. Discretionary for the court where the relevant circumstances exist. The nature of those circumstances: where the right was admitted by the unsuccessful party, the successful party caused unnecessary costs to be incurred, or he left his adversary unaware of decisive documents in his possession or of their contents. Article 121 of the Law of Procedure. Absence of any of these exhaustively enumerated circumstances. Its effect: the losing party must be ordered to bear the costs of the action.