Kuwait Court of Cassation principle number 1631

A broker is a remunerated agent engaged by one contracting party to mediate with the other contracting party to complete a transaction between them under an express or implied agreement. The broker's remuneration becomes due upon the success of that mediation. - The partners in a partnership contract intend to participate in an activity involving risk, and each contributes to that risk - profit and loss - its difference from a brokerage contract. - Determining whether the contract binding the two parties is a brokerage contract or a partnership contract. A matter of fact. The basis and condition thereof. - Legal characterization of contracts. Its nature. Clarifying the contracting partie's intent. Ascertaining it. Within the authority of the trial court without review by the Court of Cassation. Its condition. - The broker's remuneration is due in return for the services rendered to the client. It is determined in accordance with the law, agreement, or custom; failing these, the judge assesses it based on the effort expended and time spent performing the assigned work. An example of a reasonable finding characterizing the relationship between the parties to the contract as a brokerage contract and negating the existence of an undisclosed partnership contract. - Disputing the trial court's authority. Impermissible before the Court of Cassation.