Kuwait Court of Cassation principle number 1275

Recourse to the provisions of the general law. Permissible only in respect of matters not regulated by the special law. - Conservatory arrest of a ship. Bringing an action to validate the arrest and establish the right. The arrest report, when served on the party against whom the arrest is effected, must include a summons to appear before the Court of First Instance to hear judgment validating the arrest and establishing the right, regardless of its amount, in departure from the general jurisdictional rules prescribed in Articles 34 and 45 of the Civil Procedure Law. A hearing to consider the action must be set within a period not exceeding the fifteen days following the date of the arrest report. No extension for distance is added to this period. Art. 78 of the Maritime Commercial Law. - An action to validate the arrest of a ship. The summons to appear is the procedure that initiates the judicial claim and the means by which the court is seised of this action. The arrest report's failure to include this summons and the failure to set a hearing. The Maritime Commercial Law's failure to specify the consequence of that. The necessity of referring to the Civil Procedure Law as the general law in this regard. Its effect. Deeming the arrest as never having occurred. Art. 225, Civil Procedure Law. - See also: Carriage by sea. - Shipping:-