Kuwait Court of Cassation principle number 1820

Jurisdiction of the Bankruptcy Circuit of the Court of First Instance under Law 41 of 1993. Subject-matter jurisdiction. Its relation to public policy. It is exceptional jurisdiction whose interpretation may not be expanded or extended by analogy. Its effect: limiting the court’s task to adjudicating the debtor bankrupt or rejecting the application to adjudicate him bankrupt. Its subject-matter jurisdiction extends to hearing every action arising from the bankruptcy estate. - An action is considered to arise from the bankruptcy estate, in particular, if it concerns its administration or its determination requires the application of bankruptcy provisions, and, in general, all disputes concerning the bankruptcy estate. Example concerning the Public Investment Authority’s dispute over the terms of the judicial composition after the bankruptcy adjudication. - Characterization of the litigants’ claims and understanding the action in its true nature. A matter of fact. The basis thereof. 2- The relation of bankruptcy rules to public policy:-