Kuwait Court of Cassation principle number 1302

Prohibition on a non-Kuwaiti engaging in commerce unless he has a Kuwaiti partner holding at least 51% of the capital. The reason therefor. Its relation to public policy. Violation of this prohibition entails absolute nullity. - When an activity is considered commercial: when it is undertaken with the intention of speculation to achieve material profit, even if performed by a non-merchant. Ascertainment thereof is a matter for the court of merits. - 230 - Commercial - Contracts for the construction, alteration, restoration, and demolition of real estate where the contractor undertakes to provide the raw materials and supply the workers. Commercial activities regardless of the capacity or intention of the person undertaking them.