Kuwait Court of Cassation principle number 157

Summary: - The arbitration panel in collective labor disputes. Its composition. Article 128 of Law 6/2010 concerning labor in the private sector. It possesses the powers of the Court of Appeal pursuant to the provisions of the law, the organization of the judiciary, and the provisions of the Law of Procedure. Its decisions must state reasons and are deemed equivalent to judgments rendered by the Court of Appeal. Article 130 of the same Law. Its implication: its decisions may be challenged by way of cassation. The reason: had the legislature intended otherwise, it would have expressly stipulated that those decisions were final. Rule: It is established in this Court's jurisprudence that, where a provision is clear and plain in conveying its intended meaning, it may not be departed from or construed otherwise, since that would create, through interpretation, a different rule not contained in the provision. It is established that, as regards whether a judgment may be appealed, it is subject to the law in force at the time it takes effect. Article 128 of Law No. 6 of 2010 concerning labor in the private sector, under whose provisions the challenged arbitration panel decision was issued, provides that "The arbitration panel in collective labor disputes shall be constituted as follows: 1- One of the circuits of the Court of Appeal, designated annually by the general assembly of that Court. 2- A chief prosecutor delegated by the Public Prosecutor. 3- A representative of the competent ministry appointed by its minister. The parties to the dispute or their legal representatives shall appear before the panel." Article 130 of the same Law also provides that "The arbitration panel shall have all the powers of the Court of Appeal pursuant to the provisions of the law, the organization of the judiciary, and the provisions of the Civil and Commercial Procedure Law. Its decisions shall state reasons and shall be deemed equivalent to judgments rendered by the Court of Appeal." This provision is plain and clear in making decisions issued by the arbitration panel in collective labor disputes equivalent to judgments rendered by the Court of Appeal, which means that they may be challenged by way of cassation. Had the legislature intended otherwise, it would have expressly so provided, as it did when stipulating that those decisions were final in Article 88 of the Private Sector Labor Law No. 38 of 1964. Accordingly, the plea must be rejected and the appeal held permissible.