المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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Cassation principles Pleadings — Part Three

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,735 available principles

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  1. التحكيم في منازعات الأحوال الشخصية

    Principle 3715Identifying the spouse at fault when the opinions of the two arbitrators differ. A discretionary power of the trial court. The reason for this. It falls within its authority to ascertain the facts and examine the evidencPleadings — Part Three · Source page 638
  2. Principle 3716One spouse harming the other by word or deed. Its implication. The right of each to seek judicial separation. The court's failure to reconcile them. Its effect. Appointment of two arbitrators. Their disagreement in opiniPleadings — Part Three · Source page 638
  3. Principle 3717The court hearing an action for judicial divorce. Its right to decree separation without referring the dispute to two arbitrators. The condition for this: conclusive proof that harm occurred. The reason for this: avoidinPleadings — Part Three · Source page 639

  4. التحكيم وفقاً لقانون هيئات التحكيم رقم ١١ لسنة ١٩٩٥

    Principle 3718Conclusive proof that harm has occurred. Sufficient for the court to decree divorce. Referral of the dispute to two arbitrators. Its condition: failure to establish harm or inability to demonstrate it, with the wife insiPleadings — Part Three · Source page 639
  5. Principle 3720Civil and commercial disputes concerning the arbitration of which Law 11 of 1995 was enacted. These are the disputes within the jurisdiction of the arbitral tribunal, to the exclusion of disputes relating to administratiPleadings — Part Three · Source page 639
  6. Principle 3721The bank administering indebtedness subject to Law 41 of 1993. The assets under its administration. Transfer of their ownership to the State as private property. Its decisions concerning them. They are not administrativePleadings — Part Three · Source page 640
  7. Principle 3722The disputes that the arbitral tribunal has jurisdiction to determine are the civil and commercial disputes concerning which the law on arbitration was enacted. Disputes relating to an administrative contract. The AdminiPleadings — Part Three · Source page 640
  8. Principle 3723The arbitral tribunal determines the plea concerning its lack of jurisdiction whenever that plea is raised before addressing the merits; otherwise, the right to it is forfeited. An example.Pleadings — Part Three · Source page 640
  9. Principle 3724Arbitral tribunals are subject to the provisions of Law 11 of 1995 concerning judicial arbitration. The basis for this. Their subjection to the provisions of the Civil and Commercial Procedure Law is insofar as they do nPleadings — Part Three · Source page 640
  10. Principle 3725Disputes that the arbitral tribunal has jurisdiction to determine. What they are. It has no jurisdiction to determine disputes relating to administrative contracts over which the Administrative Circuit of the Court of FiPleadings — Part Three · Source page 640
  11. Principle 3726Judicial arbitration tribunals constituted pursuant to Law 11 of 1995 lack jurisdiction to hear administrative disputes. Jurisdiction in that respect lies with the Administrative Circuit of the Court of First Instance.Pleadings — Part Three · Source page 640
  12. Principle 3727Legally specified cases in which an award issued by the arbitral tribunal may be challenged in cassation. These include nullity in the award or in the proceedings affecting the award. Impermissibility of challenging thisPleadings — Part Three · Source page 640
  13. Principle 3728The disputes that the arbitral tribunal has jurisdiction to determine are the civil and commercial disputes concerning arbitration of which Law 11 of 1995 was enacted.Pleadings — Part Three · Source page 641

  14. التحكيم وفقاً لقانون المناطق الحرة رقم ٢٦ لسنة ١٩٩٥

    Principle 3729Contracts concluded after Laws 11 of 1995 and 26 of 1995 came into force. Interested persons and enterprises established in free zones may agree to settle their disputes arising therefrom by arbitration. Arbitration provPleadings — Part Three · Source page 641

  15. التحكيم الطبي في مجال المنازعات العمالية

    Principle 3731The requirement that the worker first submit his claim to the Ministry of Social Affairs and Labour. It is confined to pursuing a labour action. It has no application when resorting to arbitration. The basis for this. - Pleadings — Part Three · Source page 642

  16. التحكيم في مجال التأمين

    Principle 3732Jurisdiction of the Medical Arbitration Committee to determine disputes concerning the treatment period, resulting disability, and ability to continue working. Ministerial Decision 23/1974 concerning the regulation of mePleadings — Part Three · Source page 642

  17. وضع الصيغة التنفيذية على حكم التحكيم وتنفيذه

    Principle 3733Invoking conditions relating to nullity, forfeiture or arbitration against the insured. Its condition. - The prominence of the insurance policy's conditions and their distinctness from other conditions is a matter of facPleadings — Part Three · Source page 642
  18. Principle 3734The New York Convention on the Recognition and Enforcement of Arbitral Awards. Kuwait's accession thereto. Its effect. Its becoming part of the laws of the State. - Methods of enforcement apply with immediate effect to wPleadings — Part Three · Source page 642
  19. Principle 3735A sole arbitrator rendering the award alone. Its non-conflict with considerations of public policy in Kuwait. Evidence thereof. - 642 - ProcedurePleadings — Part Three · Source page 642
  20. Principle 3736Determining the scope of a contract is not confined to what the contracting parties intended. Its inclusion. Of what is regarded as incidental to the contract, including supplementary and interpretative legal provisions.Pleadings — Part Three · Source page 643
  21. Principle 3738Enforcement of foreign arbitral awards. Its manner, requirements and the law applicable to it. The scope of application of each of the Kuwaiti Civil Procedure Law and the New York Convention concerning the enforcement ofPleadings — Part Three · Source page 643
  22. Principle 3739Documents required to be submitted for enforcement of a foreign arbitral award. What they are. Submission of these documents. Its effect. The existence of a rebuttable legal presumption that the arbitral award is valid aPleadings — Part Three · Source page 643
  23. Principle 3740Application for recognition and enforcement of a foreign arbitrator’s award. The documents required therefor.Pleadings — Part Three · Source page 643
  24. Principle 3741The order issued by the President of the Court of First Instance pursuant to which the arbitrator's award is deemed enforceable. Its purpose: supervision of the arbitrator's work by verifying the existence of an arbitratPleadings — Part Three · Source page 643
  25. Principle 3742The appellant's claims being confined to annulment of the order affixing the executory formula to the arbitral award, without including a claim for nullity of service of the arbitral award bearing the executory formula. Pleadings — Part Three · Source page 643

  26. تنفيذ حكم التحكيم الأجنبي

    Principle 3743Issuing an order affixing the executory formula to the arbitrator's award. Its condition. Ascertainment of the absence of impediments to its enforcement. Lapse of the award through the passage of time. One of the impedimPleadings — Part Three · Source page 644
  27. Principle 3745The State of Kuwait's accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Its effect. The provisions of the Convention are regarded as part of the laws of the State. - ProcPleadings — Part Three · Source page 644
  28. Principle 3746The scope of the contract. Its inclusion of supplementary and interpretative legal provisions. The reason for this. The contracting parties' omission of certain details in reliance on their being provided for in the law.Pleadings — Part Three · Source page 644
  29. Principle 3747Documents that the applicant for enforcement of a foreign arbitral award must submit. The effect of their submission. A legal presumption arises in his favour as to the validity and enforceability of the arbitral award. Pleadings — Part Three · Source page 645
  30. Principle 3748The State of Kuwait’s accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Decree-Law 10 of 1978. Its intended purpose. The scope of application of the procedural rules follPleadings — Part Three · Source page 645
  31. Principle 3749The documents that an applicant for enforcement of a foreign court judgment must submit pursuant to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The effect of submitting those doPleadings — Part Three · Source page 645
  32. Principle 3750The State of Kuwait’s accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Its effect. Each contracting State recognizes the binding force of an arbitral award and orders itPleadings — Part Three · Source page 645
  33. Principle 3751The arbitrators' decision acquiring finality under the Jordanian Arbitration Law. Its condition. Example concerning an application to affix the executory formula to a Jordanian arbitral award that did not satisfy the conPleadings — Part Three · Source page 645
  34. Principle 3752Foreign arbitral award. The enforcement applicant's pursuit of the litigation procedures required to obtain an order enforcing the award and submission of the documents stipulated in Article Four of the New York ConventiPleadings — Part Three · Source page 646

  35. أتعاب المحكم ومصروفات التحكيم

    Principle 3754The arbitrators' award. Its nature. No scope for the rule that the judge of the principal matter is the judge of the ancillary matter. - The arbitrator has no authority to assess fees and costs unless the parties to the Pleadings — Part Three · Source page 646

  36. - اختصاص قاضي التنفيذ

    Principle 3755The trial court has authority to assess the arbitrator’s fees and the arbitration expenses whenever it bases its assessment on acceptable grounds. - 646 - Procedure Enforcement - 647 - Procedure - 648 - Procedure EnforcePleadings — Part Three · Source page 646

  37. - التنفيذ العيني والتنفيذ بمقابل

    Principle 3756The enforcement judge. His jurisdiction. Permissibility of lodging a grievance against the orders he issues by the same procedure prescribed for grievances against orders issued by the President of the Court of First InsPleadings — Part Three · Source page 649
  38. Principle 3759The creditor’s claim to compel the debtor to compensate him for the damage suffered because performance of the obligation in kind was impossible or delayed. Its condition. The debtor’s inability to prove that non-performPleadings — Part Three · Source page 649
  39. Principle 3760The lessor’s obligation to enable the lessee to enjoy the leased property in a condition fit for the full enjoyment intended by the lease, and the lessor’s undertaking to maintain it throughout the lease term. His failurPleadings — Part Three · Source page 649
  40. Principle 3761Substitution of compensation for specific performance whenever specific performance has become impossible through the debtor's fault or the creditor has not requested it. The basis thereof. - 649 - Civil ProcedurePleadings — Part Three · Source page 649
  41. Principle 3762The judge of the merits may reduce an onerous obligation to a reasonable level whenever this is attributable to exceptional circumstances. The basis for this. - Assessment of whether performance of the obligation is onerPleadings — Part Three · Source page 650
  42. Principle 3763Force majeure by which an obligation is extinguished. It must render performance of the obligation absolutely impossible. Temporary impossibility does not extinguish the obligation. Its effect is confined to suspending iPleadings — Part Three · Source page 650
  43. Principle 3764The seller of a vehicle for transporting things, a "truck". He may not refrain from performing his obligations on the pretext that the foreign purchaser does not satisfy the conditions necessary for licensing. The reasonPleadings — Part Three · Source page 650
  44. Principle 3765Reciprocal obligations in a bilateral contract. Due for performance at the same time. Consequence. Each party may refrain from performing his obligation if the other contracting party refrains, unless otherwise agreed orPleadings — Part Three · Source page 650

  45. - إجراءات التنفيذ

    Principle 3766An action for the validity of a contract. Its nature. An action ultimately claiming title, intended to obtain specific performance of the seller’s obligations that transfer ownership to the purchaser, and to obtain a judPleadings — Part Three · Source page 650
  46. Principle 3767The creditor's mere failure to take the requisite measures against the debtor when the debt falls due, or his delay in - 650 - Civil Procedure taking them, does not discharge the guarantor. The nature of these measures. Pleadings — Part Three · Source page 650
  47. Principle 3768A suspensive condition. That upon whose fulfilment the existence of the obligation depends. - A suspensive condition dependent on the will of one party to the obligation and the will of a third party. A valid condition. Pleadings — Part Three · Source page
  48. Principle 3769An incidental ownership claim is essentially an ownership action. A judgment dismissing it entails the absence of the status of possessor on the part of its claimant and his lack of entitlement to seek annulment of enforPleadings — Part Three · Source page
  49. Principle 3770Failure to serve the enforcement instrument or invalidity of such service. Its effect. Nullity of enforcement. The reason for this.Pleadings — Part Three · Source page
  50. Principle 3771The person having an interest in requesting the affixing of the executory formula to a criminal judgment containing a ruling on a civil matter, restitution, compensation, or costs. What is and is not required of that perPleadings — Part Three · Source page
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