Kuwait Court of Cassation principle number 17

Summary: - A litigant's submission of documents drawn up in a foreign language. An official translation or an unofficial translation to which the opponent does not object must be attached. Article 74/3 of the Code of Procedure. - The appellant's submission to the trial court of an English-language lawyers' fees agreement without an official translation or an unofficial translation to which the respondent did not object. Consequence: the court may disregard it and exercise its authority to assess the actual lawyers' fees incurred by the appellant in light of what it considers appropriate to the effort expended, taking into account the subject matter of the action and the level of litigation. Rule: The import of paragraph two of Article 74 of the Code of Civil and Commercial Procedure is that, if a litigant submits documents drawn up in a foreign language, an official translation or an unofficial translation to which the opponent does not object must be attached. Accordingly, since the lawyers' fees agreement submitted by the appellant is drawn up in English, and he does not dispute that he did not submit to the trial court an official translation of that agreement or an unofficial translation to which the respondent did not object, the court cannot be faulted for disregarding it and exercising its authority to assess the actual lawyers' fees incurred by the appellant in light of what it considered appropriate to the effort expended, taking into account the subject matter of the action and the level of litigation. The criticism of the judgment on this ground is therefore inadmissible.